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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Fraud 1) The Defendant did not indicate the victim that the price of the South and North America travel goods in this case was KRW 22 million, and the cost of the South and North America and African travel goods in this case includes the Defendant’s remote-free service cost, such as the Defendant’s safe travel preparation preparation, through translation, and vicarious purchase from another travel agency, in addition to the price of the package travel goods in this case, and the Defendant does not have the duty to notify the Defendant of the determination details and detailed items of the travel goods such as the above service cost. Thus, it does not constitute deception that the Defendant notified the victim of the total amount including the above service cost in relation to the South and North America and African travel goods in this case and sold them to the victim. 2) The Ministry of Land, Infrastructure and Transport implements a total indication system that allows the Defendant to indicate the total amount of the travel goods cost in this case to be indicated in total, not the detailed contents, with regard to the travel goods cost. Thus, the Defendant’s total
B. The Defendant’s payment of the credit card in this case was made with the consent of the victim.
2. Determination
A. The deception as a requirement for fraud means any affirmative or passive act that has the duty of trust and good faith to be observed widely in property transaction. Among them, deception by passive act refers to a person subject to duty of disclosure under law does not inform the other party of the fact with knowledge that the other party was involved in a certain fact. In a case where it is evident that the other party would not have been aware of the fact in light of the empirical rule of general transaction, if it is evident that the other party would not have done the juristic act in question, it is legally obligated to notify the fact in light of the good faith principle.