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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal Records] On August 10, 2017, the Defendant was sentenced to six months of imprisonment for fraud at the Cheongju District Court, and the judgment became final and conclusive on the 11th of the same month.
[2] On May 11, 2009, the Defendant: (a) at the main point of Category C, located in Seo-gu Daejeon, Daejeon, Daejeon; (b) on May 11, 2009, the Defendant: (c) provided the victim D with a great amount of the value of the surrender; and (d) provided a loan of KRW 6 million as it requires the value of the surrender; and (e) provided the beneficiary with a value of the surrender after the termination of the surrender.
“.....”
However, there was no idea that the Defendant would have used the money as repayment and living expenses of the Defendant, and there was no intention to use the money for the repayment of the obligation, and since the Defendant had paid approximately KRW 50 million with no other property at the time, there was no intention or ability to repay the money even if he borrowed money from the injured party.
Nevertheless, the defendant deceivings the victim as above, and he obtained 6 million won in cash from the victim and acquired it by fraud.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A loan certificate on May 11, 2009
1. Records of transfer of each case;
1. Previous convictions: References to inquiries, reports on the results of confirmation before and after a disposition, and application of Acts and subordinate statutes, such as the Supreme Court Decision 2017Do7617;
1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the crime for which judgment has become final and conclusive and the defendant shall be exempted from punishment in consideration of equity in cases where judgment has been received simultaneously with the crime for which judgment has become