A defendant shall be punished by imprisonment for one month.

Punishment of the crime

On July 24, 2014, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, and the said judgment was finalized on August 1, 2014. On December 12, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of occupational breach of trust at the same court on December 20, 2014, and the said judgment became final and conclusive on December 20, 2014. On April 1, 2015, the Defendant was sentenced to two months of imprisonment for a crime of fraud at the same court on June 25, 2015.

On July 12, 2013, the Defendant made a false statement that “The victim E may transfer KRW 6,420,00 to the victim E, thereby raising 6,000,000 to France and Switzerland for 6,000 new marriage travel.”

However, in fact, the defendant operated the travel agency "F prior to the service in the above travel agency," while operating the F travel agency, he thought that the amount received from the customers who purchase the travel goods from the D travel agency for the purpose of covering the amount of losses incurred due to the exchange rate calculation errors or the lack of business affairs, etc., and therefore, he did not have the intention or ability to allow the new travel even after receiving the payment from the victim.

The Defendant received from the victim KRW 30,000 on the same day as the travel price, KRW 40,000 on July 21, 2013, KRW 2860,000 on October 5, 2013, and KRW 2860,000 on October 16, 2013.

As a result, the Defendant, by deceiving the victim, received 6.42 million won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint, details of confirmation of transfer, and a copy of a travel contract;

1. Previous convictions as indicated in the judgment: Criminal history records, references to dispositions, reporting on results of confirmation, investigation reports (verification of the same kind of power and final judgment of a suspect), case search (in Incheon District Court 2014 High Court 2014 High Court 4674), judgment (in Incheon District Court 2014 High Court 2014 High Court 4674), and application of Acts and subordinate statutes (in Incheon District Court 2014No3459);

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