A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

around April 2013, the Defendant was a person who operated D Travel Club Co., Ltd. in Pyeongtaek-si Co., Ltd., Ltd., and the victim E, F, G, H, I, J, K, L, M, N, P, P, Q, and R were raising overseas travel funds by creating a travel system for friendship.

The Defendant called “T” restaurant in Pyeongtaek-si on April 23, 2013, that “the Defendant would allow the victims to travel from Australia at a low price as he operates a travel agency.” However, the Defendant was in a situation where the Defendant was unable to pay other customers at the time due to the operational failure, and the Defendant was in a situation where he was liable to pay 200 million won or more to other customers without any special property, and thus, even if he was paid money from the victims as travel expenses, he was actually thought to be used as the travel expenses of other customers, and there was no intention or ability to allow the Australia tour.

As above, the Defendant: (a) by deceiving victims; (b) concluded a travel contract of KRW 40,66 million per victim; (c) concluded a travel contract of KRW 8,40,000 for the same day as the down payment; (d) KRW 14,000 as the intermediate payment on May 14, 2013; (b) KRW 2.8 million as the intermediate payment on June 13, 2013; and (c) obtained KRW 15,40,000 for the remainder payment on June 20, 2013; and (d) acquired KRW 40,60,000 for the Defendant’s bank account operated by the said company.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence exceeds KRW 40 million, the defendant appears to have an attitude against his mistake in lieu of the defendant, and is the first offender.