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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
[2014 Highest 8472] The Defendant made a false statement to the victim C (33 years of age) that “The victim may be entitled to 260,000 won per capita 4,00 won in detail at the Incheon Public Port on January 29, 2014, 46 days of round-over flight tickets, which is 40,000 won per capita, in advance, at a place where it is not known to the police officer at early October 2013.”
However, the Defendant did not have the intent or ability to exercise the right to return air tickets even if he receives money from the victim as the purchase price for return air tickets, because the Defendant was operated in the form of a 'reshion', such as purchasing the existing customers' airline tickets or making refund to the person who has cancelled the reservation, due to the lack of funds, such as continuous accumulation of accumulated personnel, in performing the business of purchasing the tickets at the time.
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 11,403,00 in total from the victim, around October 21, 2013, including KRW 3,060,000, KRW 360,000 around October 23, 2013, and KRW 693,000 around November 4, 2013, and KRW 7,290,000 in total, around December 13, 2013.
In addition, the Defendant along with this, from the early October 2013 to June 2014, the date, time, and place of the attached list No. 5 in the annexed list of crimes is deemed to be the clerical error of the “Singman on December 2014,” and the “Singman on December 23, 2013,” and the “Singman on December 23, 2014” in the “amount of damage” No. 9 and 10 is deemed to be the clerical error and thus, corrected.
The total amount of KRW 112,410,00 was received from 20 victims over a total of 20 times as described.
[2014 Highest 977] On May 11, 2012, the Defendant entered into a contract for facility leasing with the victim on the condition that the Defendant would pay KRW 1,884,100 per month to the passenger car of the victim Hyundai Capital Co., Ltd. in the “F” located in Gangnam-gu Seoul, Seoul, on the 25th day of each month, KRW 73.9 million at the market price of the victim Hyundai Capital Co., Ltd.
The defendant.