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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
On November 22, 2012, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Seoul Northern District Court, and the said judgment was finalized on November 30, 2012. On December 14, 2012, the Seoul Western District Court sentenced three months of imprisonment for a crime of fraud at the Seoul Western District Court, and the said judgment became final and conclusive on April 26, 2013.
On December 8, 2011, around 19:40 on December 19, 201, the Defendant entered the “Dju” for the operation of the victim C in the third floor of the Guro-gu Seoul Metropolitan Government building B, and ordered two weeks and safes as the Defendant calculated the drinking value.
However, the defendant did not have the intention or ability to pay the price even if he drinks.
Nevertheless, the Defendant was provided with an amount equivalent to 150,000 won at the market price, such as two-way-one disease and safe-way-one, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of C;
1. Invoice;
1. Previous records: Criminal records, etc. inquiry reports and application of each statute of the judgment;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;
2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
3. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of Article 39(1) of the Exempted Criminal Act (the fact that the defendant confessions and reflects the crime, the fact that the victim does not want the punishment of the defendant, and even if each of the previous crimes as indicated in the instant crime and the instant crime are judged at the same time, it does not seem that there was a change in the sentence, and even if each of the above previous crimes and the crime are judged at the same time, it is deemed that there was a change in