The defendant shall be exempted from punishment.

Punishment of the crime

[criminal power] On August 12, 2015, the Defendant was sentenced to five months of imprisonment, two years of suspended execution, and 120 hours of community service at the Incheon District Court on August 12, 2015, and the judgment was finalized on August 20, 2015.

【Criminal Facts】

On March 1, 2015, the Defendant puts a letter on the Internet “B” website to sell SK-FFF gift certificates, and calls for a gift certificate to send the price to the victim C who reported and contacted with it. However, the Defendant did not have a gift certificate, even if he received money from the victim, there was no intention or ability to deliver it.

The defendant acquired 40,000 won from the victim to the single bank account in the name of the defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Details of financial transactions;

1. Previous convictions in judgment: Criminal records, investigation reports, and application of statutes attached thereto;

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 reason for exemption from punishment under the latter part of Article 37 and Article 39(1) of the Criminal Code is that the defendant acquired money from the victim by taking advantage of the characteristics of online transactions, but the crime is not somewhat minor.

On the other hand, however, the defendant recognized and reflected the crime, and the amount of damage was small and recovered.

At the time of committing the crime, the defendant was 24 years of age, was the first offender, was currently working, and was able to lead a healthy life in the future.

Therefore, the punishment shall be exempted in consideration of the equity in the case of a judgment at the same time with a series of fraud described in the first head of the judgment.