All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that: (a) the Defendant (a) as a travel intermediary business operator, entered into an insurance contract with the Seoul Guarantee Insurance Co., Ltd. with the Defendant with the amount of insurance coverage; (b) the Defendant was using the travel expenses received from the victim as office operating expenses; (c) there was no problem in sending the victim's travel; and (d) the Defendant requested the non-self-issuance agency to receive the Chinese visa of the victim's family; and (e) the Defendant did not obtain the travel expenses by deceiving the victim; and (b) the Defendant did not intend to obtain the travel expenses; and (c) the Defendant used the financial situation of the office at the time the Defendant received the travel expenses from the victim, and the travel expenses for the office operating expenses, etc., the fact that the Defendant obtained the travel expenses from the victim can be recognized.

B. As to the punishment (one million won of a fine) imposed by the court below on the defendant, the prosecutor asserts that the defendant is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged is that the Defendant was engaged in the travel arrangement business under the trade name of “E” from the second floor of the 205-A, Yeonsu-gu, Incheon Metropolitan City D apartment shopping mall, and the Defendant did not have the intent or ability to send the travel to the victim F.

Nevertheless, around September 26, 2014, the Defendant made a false statement to the victim at the above office that “If the Defendant pays KRW 3,346,800 to the Chinese family travel package goods from October 10, 2014 to October 13, 2014, the Defendant would allow the victim to travel without any further need to issue a visa to five family members.”