1. The defendant shall be punished by imprisonment for three months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and on March 20, 2017, the above judgment became final and conclusive.

Criminal facts

The Defendant is a person operating the “D” in Busan Shipping Daegu C.

On November 2, 2016, the Defendant made a false statement to the effect that “The Defendant would be responsible for and sent out to the South and North America package travel, which is managed by F, on November 12, 2016, when paying the down payment and the expenses for the issuance of airline tickets,” by phoneing the victim E at the above tour agency office.

However, the defendant had no intention or ability to provide travel services to the victim according to the agreement, as he/she has to use the travel expenses received from the victim due to the shortage of company operating funds and living expenses, such as living expenses, or preventing the return of existing debts.

Accordingly, the Defendant, as above, by deceiving the victim, received a total of KRW 12,283,50,000 from the victim, namely, KRW 4,00,00 as down payment, and KRW 8,283,50, under the name of the right to create airline tickets around December 23 of the same year.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Previous conviction: Inquiry of criminal history, reporting on the results of previous convictions and application of Acts and subordinate statutes reporting on investigation;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 37 of the Criminal Act to deal with concurrent crimes (the foregoing crime and fraud for which judgment has become final and conclusive shall be taken into account when a judgment is rendered at the same time), provided that Article 39(1) shall be applied;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the agreement with the victim and the recognition of his/her mistake);