사기
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
In the first instance trial, the Prosecutor filed an application for the amendment to an amendment to an indictment with the same content as stated in the second sentence 5319 and second order 187 of 2017 among the facts charged in the instant case. Since this Court was changed by granting permission, the part of the lower judgment regarding the second order 5319 and second order 187 of 2017 can no longer be maintained, and the said part and the first order 2018 second order 114 of 2018 are concurrent crimes under the first sentence of Article 37 of the Criminal Act, and thus, the lower judgment cannot be exempted from its entirety reversal.
3. Therefore, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
Punishment of the crime
[2017 Highest 5319] On September 4, 2016, the Defendant would proceed with the right of aviation and hotel reservation, etc. to the victim E, who purchased this new mixed tour product at the D office operated by the Defendant in Gwangju-dong-gu, Gwangju-gu, by settling the travel expenses of KRW 2,200,000.
“.....”
However, the Defendant assumed the obligation of KRW 180,000 and KRW 110,000,000 for personal debt to financial institutions, and the travel expenses that the Defendant received from the customers were appropriated for the repayment of the existing interest and debt, and thus, there was no ability or intent to provide a new package tour product according to the contractual terms even if the Defendant received the travel expenses from the injured party.
Nevertheless, the defendant deceivings the victim as above and caused the damage to it to total of KRW 400,00 on September 4, 2016 and KRW 1,800,00 on July 8, 2017.