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A defendant shall be punished by imprisonment for not less than eight 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 has entered into an agency contract with 100 U.S. C. 401, U.S. and runs an overseas travel intermediary business in the name of "Co. D.".
On March 14, 2014, the Defendant made a false statement to the effect that “The Defendant would offer the above travel goods, such as the victim E” from August 5, 2014 to August 14, 2014, by calculating the travel expenses of KRW 3,540,00 per adult per capita, KRW 3,009,00 per child, and KRW 39,039,000 per child.”
However, the Defendant, without any special property, borrowed KRW 40,00,000, and began to operate the Company D with the loan of KRW 40,000. From August 2013, when the obligation of KRW 30,00,000 exists in addition to the loan of bonds from around August 2013, the Defendant did not pay the new customer travel goods at the expense of a new customer from around November 2013, but intended to stop using the Defendant’s debt repayment, the Defendant’s operating funds for the Company D and the settlement expenses for the existing customer travel goods. Therefore, even if the above amount was received from the victims, the Defendant did not have any intent or ability to provide for the travel goods.
The Defendant, from March 18, 2014 to July 8, 2014, received a total of KRW 39,039,000 from the victims, and from that time, received KRW 49,530,950 by deceiving the victims four times in total, such as the list of crimes in the attached Table.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes to each statement or each complaint (including evidence 2 through 23, 27, 28, 31, 32, 34, 37 through 39, 42, 43 of attached documents);
1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment.