Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On August 9, 2013, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution in Seoul Central District Court for fraud, etc., and the said judgment was finalized on August 17, 2013.
At around 19:50 on September 1, 2012, the Defendant discovered that access to the Internet NVV D CC page located in Sungnam-si A, Sungnam-si, and posted a letter “the victim E” to “the Kakao Kao Kao Kao Kao Kao Kao Kao” and sent the victim’s message to sell 90,000 won the Kao Kao Kao Kao Kao Kao Kao. First, the Defendant made a false statement to send things.
However, there was no intention or ability to send a bank to the victim even if the defendant received money from the victim because the defendant did not have a chain from the beginning.
Nevertheless, the Defendant received 50,000 won from the victim as the price for the goods on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. Details of deposit transactions and determined details of closures;
1. Criminal records as stated: Application of Acts and subordinate statutes to criminal records and investigation reports (verification of short-term concurrent crimes);
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment: Selection of a fine;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the exemption from punishment in consideration of equity in the case where a judgment is rendered simultaneously with the case of fraud entered in the first head of the crime for which judgment becomes final);