A defendant shall be punished by imprisonment for four years.

Punishment of the crime

[2017 Gohap 255]

1. From May 2014, the Defendant: (a) was running a business selling travel goods from around 2014, when entering into an agency contract with the head office, the Defendant was operating the travel goods at a discount rate exceeding the commission rate allocated from the head office to the agency in order to increase the sales performance; (b) on March 2016, at around 2016, the Defendant opened an agency that sells one of the travel goods from the name-free employees belonging to one Pata Co., Ltd. (hereinafter “one Pata”) to a certain degree of monthly sales performance; and (c) was able to receive 50% of the agency advertising expenses and marketing expenses from the customer who received the travel goods to the head office; and (d) was able to receive 50% of the agency travel expenses from the head office; and (e) concluded the agency contract with the head office to sell the travel goods at a low rate of sales performance; and (e) it was practically impossible to cover the agency rent, personnel expenses, and (e) the agent’s operating expenses.

Accordingly, the Defendant concluded a travel product contract and received the travel money from the customer to his agency or the Defendant’s personal account, which is not the name of the head office, used it as operating funds, etc. first, and sent the so-called food business to the head office as if the former customer’s travel money was the travel money received under a contract concluded with another customer. Therefore, even if the Defendant received the travel money from the customer for the travel goods registered with the head office, it is unlikely that the Defendant will send the travel on the scheduled date of normal arrival.

Nevertheless, on June 9, 2017, the Defendant introduced the goods of the Dong-gu European tour and received money in the name of the price, in that it is an agent G, one of the F 1 story-gu Seoul Metropolitan City F.