The request of the applicant for compensation shall be dismissed.

[2017 Highest 1054] The Defendant is a person who operated a travel agency with the trade name “E” from around 2008 to around 2016, Seo-gu, Gwangju Metropolitan City.

The Defendant would compel the Victim G to travel for 7 days (from January 7, 2017 to January 13, 2017) via F, a geographical area around December 22, 2016, the Defendant, “ nine persons travel for 3 countries of East Europe (from January 7, 2017 to January 13, 2017).

The total travel fee stated 16,915,500 won to be deposited.”

However, the defendant had financial difficulties while operating the travel agency, and was thought to use the travel fee from the injured party for the travel expenses of other customers, and even if he received the travel fee from the injured party, he did not have the intent or ability to send the travel to the injured party and his daily activities as stipulated in the above contract.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the total sum of KRW 16,915,500 from the victim to the bank account under the name of the Defendant from the victim; (c) obtained the transfer of KRW 3,700,00 as the down payment on December 21, 2016; and (d) obtained the transfer of KRW 13,215,50 as the remainder on December 26, 2016.

[2017 Highest 1421] The Defendant operated a travel agency from around 2008 to December 2016, with the trade name “E” from Seo-gu, Gwangju.

1. On August 2016, the Defendant may seek a victim C a right to return to and from a closed place by telephone to the victim C at a lower price than another place.

If 4,200,000 won is deposited, 6 air tickets will be issued.

“.....”

However, since May 2015, the Defendant suffered a large loss by the above travelr and continued to suffer financial difficulties thereafter, it was thought that the airline tickets deposited from the damaged party would be used to pay the airline tickets to other customers, and even if the Defendant received the money from the damaged party, the Defendant did not have the intent or ability to issue six tickets to return tickets to and from six diskettes.

Nevertheless, the defendant deceivings the victim as above, and thereby, Gwangju Bank under the name of the defendant against the victim.