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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal history] The Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on September 20, 2017 and the judgment became final and conclusive on September 20, 2017.
[Criminal facts] On April 21, 2017, the Defendant inserted 92% of the cultural gift certificates in the Republic of Korea (hereinafter “the gift certificates”) in the Republic of Korea on April 21, 2017.
"If 100,000 won is notified to the victim C who reported and contacted this, 92,00 won will be remitted to the victim if 100,000 won is known to the pin number of the gift certificates.
A false statement was made.
However, the defendant did not have the intent or ability to pay the purchase price of merchandise coupons to the victim even if he received the pin number from the injured party.
The Defendant received and used 100,000 won cultural gift certificates from the injured party.
In this respect, the defendant deceivings the victim to acquire financial benefits.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s petition;
1. Previous convictions in judgment: Application of the text of the judgment of No. 14278, the summary information inquiry of the case, and the Acts and subordinate statutes of the Incheon District Prosecutors' Office;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the proviso to Article 39 (1) shall apply;
1. The latter part of Article 39(1) of the Exempted Criminal Act (the final and conclusive judgment on the record of crime in the judgment and the contents of the crime in this case are the same as those of the crime in the judgment, and considering the fact that the defendant paid damages to the victim, it seems that no more severe punishment would have been imposed even if the judgment was rendered with the crime for