The defendant shall be exempted from punishment.

Punishment of the crime

On August 28, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Suwon District Court, and the said judgment became final and conclusive on September 5, 2014.

1. On March 14, 2014, around 16:29, the Defendant: (a) reported the victim C’s intent to contact and sell the victim with the content that “The Defendant would want to purchase ELEN North Korea,” posted on the Internet site D and NA, “NL,” NAV,” online site D and 1.

However, since the defendant did not have the above North Korea, there was no intention or ability to send money even if he received money from the victim.

The Defendant, by deceiving the victim as such, received 350,000 won from the victim to the Agricultural Cooperative Account in the name of the defendant's living together.

2. On March 15, 2014, at around 16:10 on March 15, 2014, the Defendant made a false statement that he/she would sell gallonian 3 to the victim F in the same manner at the same place as indicated in paragraph (1) and acquired 600,000 won from the victim to the said account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A statement prepared by the F;

1. A copy of transfer certificate, text message conversation, and copy of a detailed statement of transactions;

1. Previous convictions in judgment: A criminal investigation report (verification report on the date of confirmation), application of statutes governing judgment;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the fact that the defendant agreed with the victim F and returned the damaged amount to the victim C, and the fact that the defendant was tried simultaneously with the case prior to the final judgment, equity, etc. in the case that the defendant was tried);