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A defendant shall be punished by imprisonment for not less than eight months.
The Defendant shall pay 9,748,900 won to the applicant C.
Reasons
Punishment of the crime
"2016 Highest 2360"
1. Fraud against the victim C;
A. On September 2012, the Defendant was operating “D travel agency” from the point of view of operating “D travel agency”. On April 29, 2014, the Defendant deposited KRW 748,900 from the victim C, a customer of the said travel agency, in the name of flight fare and siren for Jeju-do travel, but on May 4, 2014, the Defendant called the Defendant on the ground that there was no reservation of the air ticket promised by the victim between Daegu-gu Airport on the ground that he was not scheduled to make a return again on the following day.
“The phrase “ was false.”
However, in the course of operating a travel agency, the defendant was in a cumulative state of debt such as dedicated to preventing the purchase price, etc. of airline tickets received from the customer, or being tried to use several recommendations by discretionary use, etc., and even if the defendant received money from the damaged person due to no particular profit or property from the travel agency, he did not have the intent or ability to purchase airline tickets with the victim.
Accordingly, the defendant deceivings the victim as above, and acquired the above 748,90 won from the injured party property interest equivalent to the price for airline tickets.
B. Around May 8, 2014, the Defendant made a false statement to the victim C, stating that “Around May 8, 2014, there is insufficient money to purchase a large amount of airline tickets in the six-month period, and the Defendant used only three-4 days and borrowed money to repay.”
However, in the course of operating a travel agency, the Defendant was in a cumulative state of debt by either converting the purchase price, etc. for airline tickets received from the customer into a prompt return, or using several recommendations voluntarily, and was given a trial, and even if the Defendant received the above borrowed money from the injured party due to no particular profit or property in the operation of the travel agency, it was thought that the Defendant would use the borrowed money in repayment