beta
Text
1. The defendant shall be punished by imprisonment for eight months;
2. The defendant shall pay 12.4 million won to the applicant for compensation by deceit.
Reasons
Punishment of the crime
The defendant of "2016 Highest 2308" is a person who operates "D travel agent" in Busan Shipping Daegu C.
On July 20, 2015, the Defendant made a false statement to the effect that “If 12,7160,000 won per person is paid to victims E, the Defendant would be responsible for and sent 3-day travel to Vietnam-do lag,” 1,430,000 won per person, for the total travel expenses of 12,00 won per person.”
However, the Defendant had no intention or ability to offer Vietnam travels to the victims even if they receive travel expenses from the victims, because the Defendant used the travel expenses received from the customers for personal purposes, such as living expenses, due to the shortage of company operational funds, living expenses, etc., or used the travel expenses received from the customers.
Nevertheless, the Defendant, on July 20, 2015, obtained a total of KRW 1,7160,000 from the injured party, including KRW 2.4 million around July 20, 2015, KRW 3.8 million around October 6, 2015, KRW 6.2 million around October 30, 2015, and KRW 4.7.6 million around November 17, 2015, and acquired it by deception.
On July 30, 2015, the Defendant made a false statement to the effect that “D travel agency located in Busan Shipping Daegu C, the Defendant would send four travel expenses per capita KRW 3.1 million per capita travel expenses, per capita KRW 12.4 million per capita, to the said victim,” on July 30, 2015.
However, the Defendant closed the registration of “D travel agency” operated by the Defendant as of December 31, 2014 due to tax delinquency, shortage of funds, etc., and around that time, the Defendant used travel expenses received from customers for personal purposes, such as living expenses, etc., due to insufficient company operational funds, living expenses, etc., or used the travel expenses for other customers’ travel expenses, etc., thereby preventing the Defendant from returning his/her obligations.