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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On May 29, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, which became final and conclusive on August 21, 2015.
The Defendant, as a result of the absence of money, was unable to pay the amount of food, etc. from the victim even if he/she received an order from the victim, but around 01:40 on December 4, 2014, entered the “D” operated by the victim C in Jung-gu Incheon, Jung-gu, Incheon, to pay the amount normally. The Defendant ordered food and received an order of food amounting to KRW 19,000,000 from the victim, including one branch of Dong-ju and one week of Dong-ju.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to C by the police;
1. Receipts:
1. Previous convictions in judgment: One copy of case inspection results and application of Acts and subordinate statutes of one copy of judgment;
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 latter part of Articles 37 and 39 (1) of the Criminal Act, which is exempt from concurrent crimes and punishment (the defendant shall be exempted from punishment for the defendant in this case in consideration of equity between the crimes of the defendant in this case and the cases where the above judgment becomes final and conclusive at the same time