A defendant shall be punished by a fine of 10 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Criminal facts

The Defendant is a person who operates a mutual travel agency of “B” in detail in the Philippines.

On October 1, 2013, the Defendant, upon the victim C’s request on October 1, 2013 that “I wish to travel to the Philippines for 10 children, 3 children, 4 5 stuffs,” said, the Defendant made a false statement to the victim that “I will make a reservation of the ticket, hotel, meal, etc. to travel on the face of sending 1,0860,000 won travel expenses.”

However, in the course of operating the above travel agency, the Defendant was unable to pay five million won, taking advantage of the enemy from around September 17, 2012 due to accumulation of the enemy from around 2012 to around September 17, 2012. Since the operation of the travel agency is very difficult due to the influence of earthquakes and typhoons generated in detail in the middle of October 2013 and the reservation of the existing travel is revoked, the Defendant did not have the intent or ability to make up for the airline tickets, hotels, meals, etc. even if he received money from the victim for the above travel expenses.

Nevertheless, the Defendant received 6,170,000 won, under the name of airline tickets, from the victim's bank account (E) in the same day, from the victim, and 4,690,000 won, under the name of hotel expenses and food for the same account on March 26, 2014.

Accordingly, the defendant deceivings the victim, and 1,0860,000 won in total for travel expenses from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on a petition;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;