beta
Text
A defendant shall be punished by imprisonment for six months.
The defendant, with the money obtained by defraudation, shall be KRW 15.48 million to C, and KRW 2.8 million to D.
Reasons
Punishment of the crime
[2018 Highest 2073] From around 2013, the Defendant operated a travel business by arranging the travel goods sent from the large travel agencies, such as H, etc., in the office of the Seoul Jongno-gu Seoul Jongno Building F, and selling and receiving fees from the customers. From October 2015, the Defendant was unable to cope with the maintenance and repair of the place of business and the Defendant’s personal debt, etc. by reducing the number of customers traveling abroad. As the Defendant was unable to cope with the Defendant’s personal debt with the travel expenses received from the other customers who requested the overseas travel and paid the Defendant’s personal debt using the travel expenses received from the other customers who requested the overseas travel, which is appropriated for the Defendant’s travel expenses, the Defendant became unable to procure the overseas travel expenses paid to the pre-existing customers by means of return prevention around June 2017.
1. The Defendant, on June 2017, called the victim’s call at the above travel agency office, to the effect that “If 10 January 2018 calls Vietnam, 2018, the Defendant sent the down payment to the victim in advance. The Defendant may, in advance, pay the down payment to the victim.”
However, since the Defendant had been prevented from returning the travel expenses as above, it was scheduled that the down payment received from the victim would be appropriated for the travel expenses of other overseas travel buyers, and there was no intention or ability to make a promise at a high price with accommodation and airline tickets.
On June 27, 2017, the Defendant, by deceiving the victim as above, obtained money from the victim to transfer KRW 5 million to the K Bank account of the JJ of the Defendant.
2. The Defendant who committed a crime against the Victim C shall call the victim at the office of the above travel agency around July 2017.