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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The defendant is a person who operates the C tourr Co., Ltd. in Busan Metropolitan City, Busan Metropolitan City, Busan, and is a person who performs large leisure events, such as one administration, and acts as a broker for customers' travel goods.
1. On June 9, 2016, the Defendant sent 12 persons, such as Victim F, to the E restaurant located in Dong-gu Busan Metropolitan City, Busan, for a period of five hours and six days in the Lao-ro, 5 days and six days in order for the Defendant to work in the E restaurant located in Dong-gu, Busan Metropolitan City.
A false statement was made to the effect that the travel cost of KRW 16.8 million was the 16.8 million.
However, in fact, the Defendant continued to operate the above C tourr, and there was no particular property that had been liable for the debt amounting to approximately KRW 150 million in around 2016, and even if the Defendant received travel expenses from the victims, the Defendant was planning to “refiscing off the repayment of the Defendant’s obligation to other creditors,” and thus, there was no intention or ability to send the victims a normal tour.
As above, the Defendant deceiving 12 persons, such as the victim, etc., and received 8,400,000 won from 12 persons, such as the Defendant’s wife account (Account Number: H) in the name of the Defendant’s wife, for travel expenses, from the 12 persons, including the victim, etc., and obtained the total amount of KRW 91,727,00,000 from June 9, 2016 to September 28, 2016.
2. On September 2016, the Defendant made a false call to the victim I at a closed place and called “If theJ, which is operated by the party, calls five customers K et al. from October 2, 2016 to October 6, 2016, sent the Chinese head's household administration, the Defendant would pay KRW 4,495,000 for travel expenses, regardless of the title.”
However, the defendant did not have any intention or ability to pay travel expenses to the victim because of the financial situation like the above 1.
The Defendant, as such, deceiving the victim, let the victim take five customer travel from China, and 2,320,600 won for the remaining victim.