The defendant shall be exempted from punishment.

Punishment of the crime

On September 18, 2019, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Busan District Court's Dong Branch Branch, and the judgment became final and conclusive on September 19, 2019.

On June 1, 2019, the Defendant posted a notice to the Internet Twitter stating that “The sales of B contact diskettes” is to be made, and the Defendant reported and contacted the above notice, and made a false statement to the victim C who reported and contacted it to the effect that “The Defendant would send a ticket on the face of remittance of money.”

However, in fact, the Defendant did not have the above diskettes that the Defendant intended to sell to the victim, and was thought to use the sales proceeds in full for living expenses, etc. from the beginning, so there was no intention or ability to send the above diskettes even if he received the payment from the victim.

The Defendant, by deceiving the victim as above, received 150,000 won from the victim’s account of securities (E) under the name of the Defendant for the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Inquiry into the results of transfer;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing 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 Criminal Act exempted from punishment (it shall be considered in cases where the person has been tried together with a final and conclusive judgment rendered by the degree of damage and the sentence of this case);