The defendant shall be exempted from punishment.

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to imprisonment with prison labor and two months at the Seoul Northern District Court for fraud, etc., and the above judgment became final and conclusive on November 14, 2015.

On May 8, 2015, the Defendant, despite having no intention or ability to sell smartphones from the injured party, posted a letter that “I am selling I am 6” on the smartphone gate, and received 350,000 won from the injured party B to the bank account in the name of the Defendant (C) on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: Investigation report (report accompanied by a text of judgment), text of judgment, application of the search-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. To treat concurrent crimes and to exempt punishment after Article 37 of the Criminal Act: Provided, That Article 39 (1) shall be considered in cases of concurrent crimes with the crimes for which judgment has become final and conclusive;