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The defendant shall be exempted from punishment.
Reasons
Punishment of the crime
[criminal records] On February 5, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Daegu District Court, and the judgment became final and conclusive on June 4, 2016.
[Criminal facts] The Defendant is a person who operates a travelr with the trade name of “(main country travel agent)” on the first floor of the building in Daegu Jung-gu B.
On April 15, 2015, the Defendant would pay KRW 1,590,00 to the Victim F who operates a travel company under the trade name of “E travel agency” in Seo-gu, Daegu-gu, Seoul-gu, for two-day travel (ship use, meals, and lodging) from April 27, 2015 to April 29, 2015.
“.............”
However, at the time, the Defendant was operating a travel company in common due to the impossibility of returning the financial situation, and the Defendant was willing to receive travel money from G, etc. to use it in repaying the accounts payable to the airline. Therefore, even if the Defendant entered into a contract with G, etc. to allow the victim to travel in Ulsan, the Defendant did not have the intent or ability to pay the travel money to the victim.
The Defendant entered into a contract with the victim and six persons, including G, around that time from April 27, 2015 to April 29, 2015 to the Ulleungdo travel, and received services equivalent to KRW 1,590,000 under the above contract from the injured party.
In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Documents pertaining to the petition for accusation and INVOICE;
1. Previous convictions: Inquiry about criminal history, application of the first and second court rulings of the same kind to the defendant, and application of kics outputs of the same kind of case to the defendant;
1. Relevant provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. The latter part of Article 39(1) of the Exemption Criminal Act (the fact that an agreement is made with the victim and the latter part of Article 37 of the Criminal Act are concurrent crimes.