Text
The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[Criminal Power] On July 24, 2014, the Defendant was sentenced to eight months of imprisonment for fraud in the Vice-Support of the Incheon District Court, and the judgment became final and conclusive on August 1, 2014.
【Criminal Facts】
On April 20, 2014, the Defendant called “to sell traffic or fact-finding when remitting KRW 40,00,000 to a third party,” and called “to sell traffic or fact-finding when remitting KRW 40,000,00 to a third party by accessing NV B car page via the Internet.”
However, even if the defendant receives the price of goods from the victim, he did not have the intention or ability to deliver the fact.
As such, the Defendant, by deceiving the victim, received KRW 40,00 from the victim’s account in the name of foreign exchange bank.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared in C;
1. Previous convictions indicated in the judgment: Impositions prior to disposition, report on the results of confirmation, and application of the Supreme Court case search statutes;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act (where judgment has been rendered simultaneously with the crime of fraud in which judgment became final and conclusive, it seems that no more severe punishment has been imposed even if the crime in this case has been included therein, and that the sentence against the defendant in this case has been exempted);