The defendant shall be exempted from punishment.

Punishment of the crime

On November 4, 2014, the Defendant was sentenced to imprisonment with prison labor for four months and one year and six months with prison labor at the Seoul Northern District Court on April 23, 2015 and the said judgment became final and conclusive on April 23, 2015.

At around 14:00 on October 5, 2013, the Defendant, despite having no intention or ability to pay the price, received one bicycle equivalent to 1.80,000 won at the market price increased by the contractor from the victim B (the age of 33) in front of the agricultural cooperative, Dongdaemun-gu, Seoul, Seoul, at around 14:00, and acquired a bicycle and milk in total equivalent to 345,000 won each day from October 7, 2013 to January 25, 2014, including the fact that the Defendant did not pay the price, even if he did not pay it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Postal order contract and individual consumer card;

1. Previous records: Application of Acts and subordinate statutes to defendants' legal statements and investigation reports (a copy of the 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 Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exemption of Punishment Act [the crime of this case is related to the crime of conflict with the crime of ex post facto concurrent crimes, etc. in which judgment becomes final and conclusive, and thus, the mitigation or exemption of punishment should be considered in consideration of equity with the case where judgment is rendered simultaneously with the crime of conflict with the crime of this case. Considering the contents and normal relationship of the crime for which judgment became final and conclusive, the content of the crime of fraud of this case, the amount of damage, and the amount equivalent to the amount of damage, etc. are repaid, even if the judgment of this case was rendered simultaneously with the crime of conflict with the crime