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Defendant shall be exempted from punishment for the crimes set forth in [Attachment 1] and 2] among the crimes set forth in [Attachment 4355] in the order of 2016.
Reasons
Punishment of the crime
[2016 Highest 4355] The Defendant was sentenced to the suspension of the execution on September 23, 2016 to six months of imprisonment for fraud in the support of Suwon Fagwon, and the judgment became final and conclusive on October 1 of the same year.
On September 19, 2016, the Defendant posted a false statement to the victim E, who had contacted with the Internet NAV “D” camera using a computer in Ansan-si, Ansan-si, the residence of which was located, and then sent a false statement to the victim E, stating that “I will send Aphone 7 if I transfer KRW 1.50,000 to B’s new bank account (Account Number:F).”
However, in fact, the Defendant did not have 7phones, and even if he received such money, he did not have any intention or ability to send the said money even if he received the money from the injured party, as he was planned to consume the said money for his own cost of living.
Nevertheless, the Defendant: (a) by deceiving the victim as above, received 150,000 won from the victim to the above account for the same day as the purchase price; and (b) from that time until October 12 of the same year, he received a total of 2,130,000 won from that time until December 2 of the same year, as indicated in the list of crimes in the attached list of crimes.
[2017 Highest 662] On November 13, 2016, the Defendant posted a false statement to the effect that “D” camera was connected to the Internet NVber “D” page by means of a computer in Ansan-si, Asan-si, A. B. 301, and then sold a phone 7” to the victim G who reported and contacted the fact that “I will send a phone 7,000 won to the Nonghyup Bank Account (H).”
However, the Defendant did not have a 7-phone and did not have any intent or ability to send 7-phones even if he received money from the injured party as above, even if he did not receive money from the injured party.
Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim, 40,000 won as the purchase price for the same day from the victim.