The defendant shall be exempted from punishment.

Criminal facts

On December 16, 2010, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Eastern District Court on December 24, 201, and the decision became final and conclusive on December 24, 201. On May 19, 201, the Seoul Northern District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor due to a violation of the Attorney-at-Law Act was final and conclusive on May 27, 201, and on June 26, 2014, the Defendant was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor at the Seoul Northern District Court on July 4, 2014.

On February 4, 2009, the Defendant stated to the victim B, “I will pay interest on a loan of money until April 25, 2009, because there is an urgent amount of money.” However, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money.”

As such, the Defendant was transferred KRW 4,000,000 from the victim to the Cbank account under the name of the Defendant by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Statement of the certificate of borrowing and deposit transactions;

1. Previous records: The summary of each case, the agreement and assistance session, and the application of each of the judgment statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 39 (1) of the Exempted Criminal Act (the equitableness between the crimes entered in the final judgment and the crimes entered in the final judgment shall be considered);