A defendant shall be punished by imprisonment for six months.

except that 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 October 2012, the Defendant concluded that “A program 210,000 won per capita is provided to the injured party B at an infinite place, which is a total of 8 countries in South and North America, and that “I would allow the injured party B to travel at a discounted rate of 10,000 won per capita, although it is a product from KRW 12.1 million per capita.”

However, even if the defendant received money from the victim as travel expenses, he did not have an intention or ability to allow the victim to travel to the 8 South and North America using the above travel goods.

The written indictment states that the defendant was in the post of a travel agency around that time, but the defendant asserted that the contact with employees was not properly made during his stay in a foreign country for the purpose of raising funds. According to the evidence, the victim did not contact with the defendant until the departure date ( January 9, 2013) and the defendant did not work to the extent that the defendant was open from the employees of the defendant company. Thus, it is insufficient to prove that the defendant was in the post of a travel agency around the day when the crime in this case was committed.

Therefore, the facts charged are corrected as above to the extent that it does not interfere with the defendant's exercise of the right of defense.

Nevertheless, the Defendant deceptioned the victim as above and acquired the victim’s total sum of KRW 20 million, including KRW 14 million on October 10, 2012 and KRW 6 million on October 24, 2012, by transfer from the victim to the Cbank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Travel guide car, streetcar, schedule;

1. A detailed statement of deposits without passbook, and account transactions;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances among the reasons for the suspended sentence):

1. Legal provisions;