beta
Text
A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall acquire 271,200 won by deceit to B who is an applicant for compensation and shall obtain money from C.
Reasons
Punishment of the crime
1. Around July 20, 2018, the Defendant made a false statement to the effect that “The Defendant would send a large tour on his/her behalf by making arrangements for air flights, accommodation, and on-the-spot slots when paying expenses to the victim P,” at the O office located in the head of Pyeongtaek-si Construction N. of Pyeongtaek-si operated by the Defendant.”
However, in fact, from November 2017, the Defendant operated the said travel agency by means of so-called return preventing the customer from settling the tour goods promised prior to receiving the down payment from another customer. During that process, the Defendant did not properly operate the travel agency, and was in the status of having reached approximately KRW 100 to 2 million in the month. As the Defendant’s obligation to pay for KRW 30 million, the Defendant did not have any intention or ability to send the travel on the date of the promise even if he received the money as the travel expense from the victim.
Nevertheless, the Defendant, as seen above, received total of KRW 112,020,200 from the time to March 15, 2019, by deceiving the victim and receiving KRW 7,088,000 in Q Bank account (R) in the name of the Defendant for the same day as travel expenses from the victim, and received KRW 112,020,200 from the time to March 15, 2019.
2. Around August 17, 2018, the Defendant made a false statement to the effect that “The Defendant would send a detailed trip to the victim S by making a reservation on air flights, accommodation, local speculation, etc. when paying expenses” at the O offices located in the head of Pyeongtaek-si M building N. operated by the Defendant.
However, in fact, from November 2017, the Defendant operated the above tourman by means of so-called return preventing the customer from settling the tour goods pre-contracted by receiving the down payment from another customer, and during this process, the Defendant did not properly operate the tourman, thereby reporting losses of about 100 to 2 million won in one month. Since the Defendant’s debt reaches approximately 30 million won, it is the victim’s travel expense.