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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
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: (a) by deceiving the victim as above; (b) received payment of KRW 2,200,00 from the victim for travel expenses in the same place; (c) and (d) received from around that time to October 21, 2017 the travel expenses of KRW 140,413,100 in total from the victims of 43 times, as shown in the attached list 1 of crime sights, from around 43 times to around October 21, 2017.
[2018 Highest 114] On April 4, 2017, the Defendant explained to the victim F the goods of the 2nd floor of the building in Gwangju-dong-gu, Seoul-gu, that the 3,940,000 won is sent according to the goods of the 3,940,000 won.
The purport of “States” was stated to the effect that it would be.
However, at the time, the Defendant had no intention or ability to send travel as promised even if he received money from the injured party, because the travel expenses, etc. received from the clients are appropriated for the Defendant’s repayment of other obligations, etc. under the financial situation of the travel agency operated by the Defendant, and thus, the Defendant did not have any intention or ability to send the travel according to the promise.
Nevertheless, the defendant deceivings the victim as above and raises a conflict of interest to be used by the defendant for the same day as the down payment and intermediate payment from the victim.