[2012 Highest 10469]

1. On November 9, 2010, the Defendant, from around September 21, 2010 to around March 21, 2010, engaged in travel-related business operations in Gangnam-gu Co., Ltd. C 202. On November 21, 2010, the Defendant used travel expenses received from the victim company for the purpose of paying the Defendant’s personal debt.

On November 9, 2010, the Defendant made a false statement to the employees of the victim company under the name of the Defendant at the above D office, stating that “I will send an employee and his family travel if you deposit KRW 48,411,000 at the travel cost.”

However, the defendant did not have the intention or ability to send a travel to the employees of the victim company and his family because he was willing to use the money as a travel expense from the victim company to pay his personal debt.

As such, the Defendant, by deceiving the above employees in the name of the Defendant, received the total sum of KRW 43,411,00,000 from the victim company to the bank account in the name of FF, designated by the Defendant, and acquired it by means of money from the victim company. < Amended by Presidential Decree No. 2249, Nov. 9, 2010; Presidential Decree No. 22490, Nov. 13, 2010; Presidential Decree No. 22426, Oct. 10, 2010; Presidential Decree No. 22490, Dec. 15, 2010; Presidential Decree No. 22426, Dec. 10, 2010>

2. Around January 3, 2011, the Defendant made a false statement at the above D office that “A employees of the Victim Company G did not deposit the money that the Defendant sent to E in the Company Company” to D. Since there was money that the Defendant would receive from other travel agencies, etc., the Defendant would be responsible for paying the remainder of five million won, and send a trip.”

However, even if the defendant receives any balance from the victim company, he did not have the intention or ability to send the travel of the victim company's employees and families.

The Defendant, by deceiving G as such, received on January 3, 201 from the victim company, KRW 5 million from the victim company to the bank account in the above F name.