A defendant shall be punished by imprisonment with prison labor for four months.

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

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to a suspended sentence of two years for six months in the Incheon District Court for fraud, and the judgment became final and conclusive on the 30th of the same month.

On November 14, 2011, the Defendant stated to the effect that, at the third floor of the Incheon Gyeyang-gu Incheon building, at the travel agency office operated by the Defendant, the Defendant “C” travel agency office operated by the Defendant, and the victim D “I will pay money within one week per week on behalf of the contractual customer, because there is no travel expense.”

However, at the time of fact, the travel agent was operated properly, and the defendant's personal debt was approximately KRW 70,000,000,000, and the travel expenses received from the customers were used for the repayment of other debts, so the so-called return is prevented, and thus, the victim did not have the intent or ability to pay the expenses even if the travel expenses were paid on behalf of the customer.

As such, the Defendant, by deceiving the victim, had the victim settle the travel expenses equivalent to KRW 6,00 on November 14, 201, KRW 6,060,00, KRW 5,458,60 on November 16, 201, and KRW 6,000 on November 18, 201, but did not reimburse the travel expenses, thereby acquiring financial gains equivalent to KRW 17,518,60 on a total amount of KRW 17,518,00 on three occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A report on investigation;

1. Investigation report (in currency with a suspect);

1. Previous convictions indicated in judgment: Criminal records, results of inquiry, and the application of Acts and subordinate statutes of an investigation report (the same type of criminal records A);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination on the Defendant and his/her defense counsel’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Probation, etc. Act

1. The alleged defendant and his defense counsel asserted that the defendant did not request the victim to pay travel expenses of KRW 5,458,600 on November 16, 201.

2. The following circumstances acknowledged by the record of judgment: