A defendant shall be punished by imprisonment for a period of five months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant, as an online marketing company, was a person who was in charge of online advertising and other affairs at the request of an advertiser in the form of E, F, etc. from the online marketing company, and was in charge of online advertising and other affairs independently. The Defendant entered into an advertising contract in the name of D representative, upon receiving a request for marketing, such as online advertising, from the victim B operating the Hapo City G through E (hereinafter “instant restaurant”).

1. On April 16, 2018, the Defendant made a false statement to the victim, stating, “The Defendant would have an advertisement for Lestop public relations to tourists who find Jeju through the Internet.”

However, there was no intention or ability to conduct online advertisements.

Around April 26, 2018, the Defendant, by deceiving the victim as such, received KRW 950,000 from the victim for advertising expenses, and continued to receive KRW 950,000 from the victim as advertising expenses, and, on the other hand, received KRW 89,50,00 in total from the victim, such as receiving KRW 2.5 million on the same day as the Internet advertising expenses and the advertising expenses for discount coupons from the victim under the pretext of the Internet advertising expenses and the advertising expenses for discount coupons.

2. On September 14, 2018, the Defendant made a false statement at the instant restaurant stating that “The Defendant would not improve the carpets rather than the Lestop” to the victim, “A company in the Gyeonggisan, which is in preparation for the brush, will first be watched in a brush. The original construction cost is at least 30 million won, and the company is mobilized and proceeded with human resources, and thus, if the construction cost is treated as a lump sum payment, it would be 12.5 million won of the total construction cost.”

However, even if the payment of the construction cost is received from the victim, the payment is not made to the “K” company and the other personal purpose is not made.