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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant is a person who operates a C'C', an Internet travel product advertising machine.
On February 29, 2012, the Defendant reported an advertising advertisement to the Republic of Korea at the Internet car page of the portal site “C,” and made a false statement to the victim D, who called “C”, to provide services for all expenses, such as hotel expenses, golf course, sirens, etc. at the time of golf travel of the Philippines, to KRW 4,150,00.
However, even if the defendant receives money from the victim, he did not have the intention or ability to provide services related to the travel of the Philippines.
Nevertheless, the Defendant received 4,150,000 won from the victim to the Cit Bank account in the name of the Defendant for travel expenses, as well as from that time to April 12, 2012, the Defendant received the total amount of KRW 20,797,500 from the victims through the foregoing method, such as the list of crimes in the attached Form, and acquired it by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of the E, F, G, and D;
1. Each written petition;
1. Investigation report (Submission of transfer certificate by H), investigation report (teleline investigation), investigation report (Submission of a written statement by the complainant);
1. Application of each certificate of transfer, and the certificate of transfer by the Internet Bank;
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: Consideration of various circumstances, such as the defendant's age, character and conduct, occupation, and family environment, that are favorable to the fact that the defendant committed frauds related to travel goods by advertising to many and unspecified individuals: The defendant's crime is committed; that there is no record of the same crime; that there is no record of the defendant's crime; that the victims agreed with all victims;