The defendant shall be exempted from punishment.

Punishment of the crime

[criminal records] On March 23, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on June 9, 2017.

[2] On January 10, 2017, the Defendant made a false statement to the effect that “The Defendant would send the tubes of the Switzerland Ma in order to deposit money in advance with the victim by making contact with the victim by visiting the Internet NAV’s website and inserting the Switzerland of the Switzerland Ma, which was prepared by the victim C.”

However, the defendant did not possess the above goods and received money from the injured party, but did not have the intention or ability to send the said goods.

The defendant deceivings the victim as above and was transferred 20,000 won to the corporate bank account (D) in the name of the defendant under the name of the victim as the price for goods.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s petition;

1. Data of financial transactions;

1. Criminal records as indicated in the judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment) and the conetnet search results, to statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (the point of fraud) and the choice of imprisonment with prison labor for the crime;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The latter part of Article 39 (1) of the Exempted Criminal Act (the fact that the amount of fraud is minor, the fact that this case has been ruled simultaneously with the case in which the above judgment became final and conclusive, if considering the time, method and scale of each crime, etc., the amount of the fraud in this case, it seems that no sentence higher than the punishment prescribed in the above final and conclusive judgment would have been imposed, and the age, character and conduct, environment, etc.