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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On December 23, 2015, the Defendant was sentenced to imprisonment for six months at the Gwangju District Court for fraud, etc., and the above judgment became final and conclusive on February 2, 2017.
On May 11, 2012, the Defendant would offer the payment immediately to the victim B, “In the course of running a medical service, it is necessary to do so, and then deliver coffees and materials to the victim B.
The phrase “ makes a false statement.”
However, the defendant did not have any ability or intent to pay the price even if he receives the delivery from the injured party due to bad credit standing without any property or income.
On May 12, 2012, the Defendant received from the injured party the amount equivalent to KRW 30,000,000,000 and the market price of materials at around 300,000,000, and did not pay the price, and acquired property profits equivalent to KRW 4,10,00 in total.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Each investigation report (with respect to B currency which is a complainant, additional currency which is a complainant, and attaching a suspect's age A credit assessment information data);
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgment, etc. related to subsequent concurrent crimes), and statutes;
1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;
1. The latter part of Article 37 of the Criminal Act: (a) Article 39 Subparag. 1 of the Criminal Act: Provided, That even if the judgment was rendered simultaneously with the judgment of fraud, etc. in the instant case, if the content and amount of damage to the crime of fraud, etc. in which the judgment became final and conclusive, and the amount of damage to the instant crime of fraud, etc. were considered, the punishment (six months of imprisonment) cannot be deemed to have been mitigated; and (b) the equity in the case of judgment at the same time with the judgment of fraud is considered, and thus