A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The defendant is a person who works as a franchise in B at a travel agency and has decided to issue the right of aviation and make a reservation of accommodation to Japan 11 Japanese travel, including the victim D, general secretary E, etc. who is the chairperson of C who is a friendship group.

On August 8, 2017, the Defendant, at a restaurant where it is impossible to know the trade name located in the coefficient Dong Dong at Sinsi-si, I would like to promote 11 victims of the C members, who have transacted with E for about 15 years, if he/she is entrusted with the Japanese travel affairs of C members. At the travel expense, the Defendant falsely stated that “The total of C members and the total of KRW 23,710,000,000, which is the total of travel expenses of 11 members and 9 members denied.”

However, at the time, the Defendant operated the business by the so-called return method using the pre-paid customer's travel expenses with the pre-paid customer's travel expenses, and in the process, approximately KRW 30 million could have already been brought to the customer and then could normally travel with the customer. Since the Defendant had no property and all monthly income were used in paying the pre-existing obligations, there was no intention or ability for the victims to be able to obtain the right of departure from the Japanese travel, to make the reservation of accommodation, etc.

As above, the Defendant received delivery of KRW 8,00,000,000 from the new bank account under the name of the Defendant (F) on October 25, 2017, and KRW 6,00,000,000 on December 5, 2017, and KRW 5,000,000 on January 3, 2018, and KRW 23,710,000 on February 23, 208.

Summary of Evidence

1. Police interrogation protocol of the accused in relation to statement E;

1. Application of Acts and subordinate statutes governing the statement made by each police officer with respect to G and D, a copy of each passbook, an advance payment statement, a letter, an inquiry about the details of passbook transactions, and the details of repayment;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one month but not more than ten years;

2. The sentencing criteria shall be based on; and