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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who runs a travel business.
1. On August 24, 2017, the Defendant concluded that “The Defendant would make a trip of 1.2 million won per capita 1.2 million won from January 11, 2018 to January 17, 2018” at the office of Cheongju-si Co., Ltd., Ltd., located in Cheongju-si, that “The Defendant would make a trip of 1.2 million won per capita 1.2 million won from January 11, 2018 to 17, 2018.”
However, the defendant, around October 31, 2016, closed the business of E, who was employed by himself, and run a travel business at the office. The defendant had no intention or ability to normally proceed with the travel even if he receives the travel expenses from the victim, such as using the travel expenses received from the customer who requested the travel due to the shortage of funds to the extent that the office deposits and rent are not paid, using the travel expenses received from the customer who requested the travel as the shipping expenses. The travel expenses received from the victim was also used as the personal funds of the defendant, etc.
As such, the Defendant, by deceiving the victim as such, received KRW 24 million from the victim on August 24, 2017, KRW 7 million on August 29, 2017, KRW 300,000 on September 6, 2017, KRW 2400,000 on October 16, 2017, KRW 700,000 on November 2, 2017, KRW 700,000 on November 7, 2017, KRW 50,000 on November 29, 2017, KRW 520,000 on December 1, 2017, KRW 200,000 on the account number in the name of the Defendant Company (hereinafter referred to as the “Company”).
2. On October 25, 2017, the Defendant made a false statement to the effect that “If ten travel expenses are deposited in KRW 9,500,000 from January 31, 2018 to February 4, 2018, the Defendant would make a five-day trip at a restaurant operated by the wife of the victim H located in Seo-gu Seoul Metropolitan City, Chungcheongnam-gu, the Republic of Korea deposited 10,000 won of travel expenses to the Republic of Korea in a normal way, the Defendant would make a five-day trip from January 31 to February 4, 2018.”
However, the defendant is above.