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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on July 19, 2017 and the judgment became final and conclusive on September 22, 2017.
[Criminal facts] The Defendant, around March 27, 2017, sold cultural merchandise coupons to the victim B to the victim B, around 15:05.
At the same time, they made a false statement as if they were sold.
However, since the defendant did not have a cultural merchandise coupon, even if he received money from the injured party, he did not have an intention or ability to send a cultural merchandise coupon to the injured party.
Accordingly, the defendant deceivings the victim and received 60,000 won from the victim to the Saemaul Treasury account in the name of the defendant.
Summary of Evidence
1. Statement by the defendant in court;
1. B written statements;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of Article 39(1) of the Exempted Criminal Act (the Defendant is against the time of committing the instant crime, the amount of damage is not so significant, and in light of the Defendant’s age, environment, sexual conduct, records of the instant crime, the circumstances of the instant crime, attitudes, and degree, etc., even if judgment was rendered together with the crime for which judgment became final and conclusive, it appears that the Defendant was not subject to more severe punishment, and thus, the Defendant is exempted from punishment in consideration of equity in cases where the instant crime and each of the instant crimes for which judgment became final