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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On August 14, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on August 22, 2013.
On August 26, 2012, the Defendant, from around 23:00 to August 27, 2012, from around 01:30 to around 01:30 on August 27, 2012, the Defendant, as a customer, ordered the victim D to provide alcohol and alcohol.
However, the defendant did not have any intention or ability to pay the price.
Nevertheless, the defendant deceivings the victim as if he were to pay the above price, and he received from the victim a sum of 255,000 won, including 190,000 won, studio and volunteer fee of 65,000 won.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. Records before judgment: Application of the defendant's legal statements Acts and subordinate 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 dealing with concurrent crimes;
1. The latter part of Article 39(1) of the Exempted Criminal Act (the crime of this case is of the same kind that occurred during the period of the crime before the judgment, and even if the crime of this case and the crime of this case are judged simultaneously, it does not seem that the change in the sentence was made);