Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On March 19, 2015, the Defendant was sentenced to a ruling of one year and six months of imprisonment for habitual larceny and fraud in the Western District Court Branch of the Daegu District Court (2015dan205), and the said ruling is the same year.
4. 15. Finalized as is.
(Seoul District Court 2015No1352). On January 29, 2015, the Defendant found the C main points located in Daegu Jung-gu, Daegu-gu, Seoul-gu, and made an alcoholic reservation, and the Defendant stated that “11,00,000 won of 1.3 million won of 1.3 million won of 1.1 billion won of 1.1 billion won of 1.1 billion won of 1.1 billion won of 50 million won of 1.1 billion won of 201.”
However, even if the defendant receives money from the victim, he did not have the intention or ability to drink by actually making a reservation.
Accordingly, the victim who believed the Defendant's horse to be true was received cash amounting to KRW 50,00 at the time and place.
Summary of Evidence
1. Defendant's legal statement;
1. Police suspect interrogation protocol of the accused;
1. Statement made to D by the police;
1. Responses to the results of appraisal on the scene of crime;
1. Previous convictions in judgment: Report on the result of confirmation of the absence of disposition, judgment, application of Acts and subordinate statutes to the agreement of cases;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of punishment (it does not select a separate punishment since punishment is exempted);
1. The latter part of Article 37 and Article 39(1) of the Criminal Act (the amount of damage to the crime of fraud of this case is only 50,00 won, and the punishment shall be exempted in consideration of the equity with the case where a judgment is rendered simultaneously with the case where the judgment is rendered);