The defendant shall be exempted from punishment.

Punishment of the crime

On January 28, 2014, the Defendant was sentenced to imprisonment with prison labor for six months, suspension of execution for two years, probation and social service hours for 120 hours, and the judgment became final and conclusive on February 5, 2014.

On June 7, 2013, at least 17:00, the Defendant made a false statement to the victim D, who reported and contacted to sell a “C contact book” that was listed on the Niber B car page at a place where it is not known, that “The Defendant would sell C contact book to 120 thousand won.”

However, even if the defendant received money from the victim, the defendant did not have the intention or ability to sell C contact diskettes.

The Defendant, by deceiving the victim as above, received 120,000 won from the victim to the new bank passbook (Account Number: E) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Certificates of deposits without passbooks;

1. A written petition;

1. Previous convictions in judgment: Investigation report (the confirmation of the previous convictions and facts of concurrent crimes in the latter part of Article 37 of the Criminal Act), summary agreement assistance meeting, copy of judgment (the Gwangju District Court 2013No4430) shall apply to statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The decision is rendered as above on the grounds that: (a) the latter part of Article 39(1) of the Criminal Act exempted from punishment [the crime of this case is in the relation of a final and conclusive judgment entered in the crime as indicated in the judgment and concurrent crimes under the latter part of Article 37 of the Criminal Act; (b) the seriousness of a crime and the time of the crime; (c) the defendant’s age, character and conduct, occupation and environment; (d) the motive and circumstance leading to the crime; (e) the method and consequence of the crime; (e) the circumstances before and after the crime; and (e) all of the sentencing conditions specified in the records and arguments