A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

[criminal records] On July 13, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the above judgment was finalized on July 21, 2016.

[Criminal facts] The Defendant, at the “C” travel agency office operated by the Defendant located in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, B, 210, the date of July 2015, the Defendant has a lot of air rights free of charge or anti-le value to the victim D.

A false statement was made that it would cause overseas travel through a tourr operated by the internal branch, which would change the cost of aviation tickets and hotel reservations.

However, the above C tourr was unable to make up for the above airline tickets due to low performance records, as a benefit that applies only to the excellent travel agencies, and as at the time of the travel, it was thought that it was paid money from the damaged party to use it as a travel fund for the travel agency, so there was no intention or ability to make up for the discounted airline tickets and hotel tickets even if it was paid money from the injured party.

Accordingly, the defendant deceiving the victim as above and received KRW 2.7 million from the victim on the 28th of the same month, in the name of the flight ticket expenses, etc. from the victim on the 28th of the same month. From around that time to October 30, 2015, the defendant deceivings the victims, such as the list of crimes in the annexed crime list, and received a total of KRW 38,030,000 from the victims over 16 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D or E;

1. Statement of each complaint;

1. Previous convictions in judgment: Application of an investigation report (verification of concurrent crimes of Article 37 of the Criminal Act) and of Acts and subordinate statutes attached thereto;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act: