A defendant shall be punished by imprisonment for six 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

[2014 Highest 4017] The Defendant made a false statement to the effect that “Canadian shall pay KRW 21,80,000,000,000 to the victim B, by asking the victim B at a place where the location cannot be known on July 25, 2013.”

However, the defendant had a debt amounting to 1.2 billion won at that time, and even if the company, which had been operated, did not have an intention or ability to pay the price even if he was issued an airline ticket by the victim due to his default.

Nevertheless, the Defendant, by deceiving the victim as above, received four copies of airline tickets from the victim who is in Canada, and did not pay 21.8 million won. Thus, the Defendant acquired property benefits equivalent to the same amount.

[2015 Highest 865] The Defendant was a person who operated a travel agency with the trade name of “stock company C”.

On April 24, 2013, the Defendant called the victim E at the above “C’s office located in Namyang-si, Namyang-si, that “I would make a reservation for the 4-day 6-day new mixed travel goods sold in one to one to another.”

However, at the time of fact, “C” operated by the Defendant was practically closed when only the outstanding amount that was collected due to the default of a business entity, was 7-88 billion won and was actually closed. As such, only the Defendant intended to receive money from the victim as a pre-contract for the goods for the use of his/her personal debt, and did not arrange for the reservation of the goods for the use of the goods for the use of the goods

Ultimately, the Defendant, by deceiving the victim as above, received KRW 4.2 million from the victim to the single bank F account under the name of the Defendant on the same day.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

[2014 Highest 4017]

1. Defendant's legal statement;

1. Each police statement concerning B (2015 high-ranking865);

1. Defendant's legal statement;

1. Statement to E by the police;

1. The result of the Han Bank’s response;