The defendant shall be exempted from punishment.

Punishment of the crime

On February 3, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Northern District Court on December 12, 2017. On November 23, 2018, the Defendant was sentenced to one year and six months of imprisonment for a crime of fraud at the Seoul Northern District Court on November 23, 2018, and the judgment became final and conclusive on December 1, 2018.

The defendant did not have a high-level computer and therefore did not have an intention or ability to sell a high-class computer even if he received a payment from the victim B.

Nevertheless, around May 7, 2018, the Defendant posted a notice to the effect that, at a trade aesthetic room located in a non-permanent room located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City, the Defendant sold computers and monitors by accessing “C”, which is a trading site for used goods, and then reported it to the victim B who visited the victim B, “if 55,00 won is paid, the Defendant will send a computer and monitor.”

“A false statement,” which was transferred 55,000 won to a bank account (D bank E) in the name of the Defendant on the same day from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (verification of repeated crimes), and application of reference data Acts and subordinate statutes on December 10, 2018;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the defendant is a crime before and after the judgment becomes final and conclusive, and the judgment becomes final and conclusive after being sentenced to one year and six months, and the case in which the judgment becomes final and conclusive at the same time and the case in which the facts constituting the crime in this case