The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

(b).

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In light of the fact that the accused, by deceiving a large number of travel agencies users, obtained the fraud, the liability for the crime is not minor.

However, when considering the following as a whole: (a) the Defendant agreed with some victims in the course of the trial; (b) the Defendant appears to have been partly recovered from the victims’ damages through the Mutual Aid Association; (c) the Defendant fully recognized the instant crime and divided the mistakes; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (e) various conditions of sentencing specified in the records and arguments, such as the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Article 62 (1) of the Criminal Act on the suspended execution.