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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On October 30, 2013, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court, and the judgment became final and conclusive on January 18, 2014.
At around 23:00 on April 4, 201, the Defendant posted a false statement to the effect that “the sales of a arche return” did not have an intention or ability to sell a arche return within the Defendant’s residence, and acquired KRW 124,000 from the victim C who reported and contacted this article to the Gwangju Bank D Deposit Account under the Defendant’s name.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Previous records of judgment: Results of search of cases bound in the records of public trial, and application of Acts and subordinate statutes of the judgment;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act exempt from concurrent crimes and punishment (where judgment was rendered concurrently with the crime of fraud, etc. in which judgment became final and conclusive, it is determined that no more severe punishment would have been imposed even if the crime of this case is included, and thus, it is exempt from punishment against the defendant in this case);