A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[2017 senior group 5486] The defendant is a person who has operated the "E" (hereinafter referred to as "E").

The Defendant, around February 12, 2017, deposited KRW 3,540,00,00 to the victim G with the 4th day of May 28, 2017 departure from the Republic of Korea on May 28, 2017 at the second floor of the F building in Gwangju Nam-gu, the Defendant would act as an agent for the victim G with the right of departure and other transmission necessary for the travel on behalf of the State.

“.....”

However, at the time, the defendant was first scheduled to use the money received from the injured party for the travel expenses and personal living expenses of other customers, and for the operation of the enemy to prevent him from returning, so it was difficult to allow the injured party to travel normally.

Nevertheless, the Defendant: (a) by deceiving the victims as above; (b) obtained transfer of KRW 3,540,000 in total from the victims of the same day; (c) around February 15, 2017; and (d) received KRW 1,795,000 from March 14, 2017; and (d) received KRW 3,540,000 from the victims in the same manner until May 30, 2017; and (b) obtained KRW 46,701,750 in total from the victims to the same manner; and (c) obtained the money from the victims to the time of May 30, 2017.

[2018 Highest 528] The Defendant is a person operating E, and on April 16, 2017, the Defendant would act on behalf of the victim D with the right and other speed necessary for the travel when he deposits KRW 4,860,000,000 to the victim D with his departure from Korea on October 29, 2017.

“.....”

However, at the time, the defendant was first scheduled to pay the money received from the injured party for the travel expenses and personal living expenses of the other customers, and was operating a proper person to prevent the return, so even if he received the travel expenses from the injured party, he did not have the intention or ability to act on behalf of the injured party.

Nevertheless, the defendant deceivings the victim as above and caused the damage to it as down payment on the same day, and on July 11, 2017, the expenses for the right of aviation.