Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant B, this shall not apply.

Punishment of the crime

[2016 Highest 11, 2016 Highest 4703] Defendant A operated a travelr in Thailand with the trade name of “F”, and Defendant B operated the travelr with the trade name of “G” in Thailand B.

The Defendants conspired to lend money from the victim H, known to the general public, to use it for travel business.

1. On March 25, 2013, the Defendants made a fraud on March 25, 2013, from the Chapter H of the victim H located in Chuncheon-si around March 25, 2013, that “it has made a lot of profits by making an investment to the hotel in Thailand.” If the Defendants lent KRW 100 million to the hotel in Thailand, the principal shall be repaid after one year, and the amount shall be paid at least three million won with the monthly profit, and if the circumstances are good, the amount shall be paid up to KRW 10 million per month.

“The phrase “ was false.”

However, Defendant A had already been able to use the money as operating expenses of the travel agency in a situation where Defendant A was unable to fully repay the money borrowed from the injured party in light of the fact that Defendant A had already been unable to fully repay the money, and even if the money was borrowed from the injured party, Defendant A was thought to have been used as such. As such, Defendant A did not have the intent or ability to pay the profits to the injured party or pay the principal at a normal time by making an investment in the business of Dratization as above, and Defendant B was well aware of these circumstances of Defendant A.

As a result, the Defendants conspired in collusion and acquired 100 million won from the injured party in cash on March 25, 2013.

2. On May 23, 2014, the Defendants of fraud, around May 23, 2014, would pay the principal to the victim with the interest paid up until July 30, 2015, on the part of the victim set forth in the above paragraph 1, “if the corporate circumstance is not good.” If the Defendants extended KRW 100 million to the victim, the principal will be repaid with the interest paid up to July 30, 2015.

“The phrase “ was false.”

However, in fact, the incident of the Sewol ferry occurred around April 16, 2014, the domestic and foreign travel competition has been chilled rapidly.