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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On March 14, 2007, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Ulsan District Court, which was sentenced to a suspended sentence of 2 years, and on December 11, 2007, on June 11, 2009, the execution of each of the above penalties was terminated. On March 7, 2013, the Defendant was sentenced to imprisonment with prison labor at the Suwon District Court for a period of 2 years for fraud, and the judgment became final and conclusive on June 26, 2013.
On June 201, the Defendant stated that “In-house E and criminal proceedings are pending, and E would have the right to sell in-house, E would have the right to sell in-house, and E would have the right to sell in-house, even if it is necessary to pay in-house, in order to bring the right to sell in-house, the entertainment expenses need to be lent.”
However, the Defendant thought that he would use the money received from the victim as gambling fund, and even if he received a disposition or a verdict of not guilty with respect to a case on which a criminal complaint was filed by E, he did not have agreed to receive the right of sale from the E. Therefore, even if he borrowed money from the victim, he did not have any intention or ability to repay it.
As above, the Defendant, by deceiving the victim as above, received KRW 46,470,00 in total from June 16, 201 to September 26, 2012 from the victim, to the Agricultural Cooperative Account in the name of the Defendant, as stated in the attached Table of Crimes, from around 16, 201 to September 26, 2012.
Summary of Evidence
1. Defendant's legal statement;
1. Entry of D in the protocol of suspect examination of the accused in the prosecution;
1. Details of transactions of each agricultural bank account;
1. A copy of a bankbook;
1. Previous convictions: Criminal records, investigation reports (public conflicts against a suspect and attachment of a fraudulent judgment), investigation reports (report attached to an appellate judgment against a suspect), personal identification status, and the law of the defendant's statutory statement.