A defendant shall be punished by imprisonment for four months.

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

Criminal facts

The defendant is a person who operated the corporation B.

On July 18, 2017, the Defendant told F, a person in charge of travel affairs of the victim farming association E (hereinafter referred to as the “victim corporation”) to the effect that “If he wishes to travel in November, the Defendant would be in charge of travel in November, the amount of KRW 44,836,00,000 paid as the price for the past travel is insufficient and the additional cost of KRW 10,000,000 is required. In advance, the Defendant is obliged to make a reservation for the flight aircraft ticket, which would change in advance to KRW 10,000,000.”

However, at the time, the defendant was in a difficult situation due to the dispute with the customer, and was thought to pay the subscription price for the flight machine for other customers with the money received from the victim corporation, and there was no intention or ability to send a large trip for the employees of the victim corporation even if he received the subscription price in addition to the travel payment from the victim corporation.

On July 19, 2017, the Defendant, by deceiving F, received KRW 10 million from the victim corporation to G account (H) in the name of the corporation B (H) under the pretext of travel on July 19, 2017, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of a deposit statement, a statement of corporate account transactions, and a copy of passbook statute;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Reasons for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not more than ten years;

2. Application of the sentencing criteria [Determination of type] general fraud (less than KRW 100,00) (special multiple persons) mitigated element - Where the degree of deception is weak (the area of recommendation and recommendation range) mitigated area, month of imprisonment or year;

3. Determination of sentence: 4 months of imprisonment with prison labor, 1 year of suspended execution [limited circumstances], the majority of the criminal power (limited circumstances] has weak degree of deception, partial repayment of damage and additional repayment of the defendant, and shall be punished by a fine after 201.