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1. Defendant C’s KRW 37.8 million and its relation thereto to the Plaintiff are 15% per annum from April 12, 2019 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a person who engages in tourism business, such as domestic and foreign travel arrangement business, in the name of "D" in Nam-si, Namwon-si, and the Defendant C was a person who operated F in Guro-gu, Seoul.
B. On January 10, 2018, the Plaintiff requested Defendant C to purchase out-to-door airline tickets for 20 persons, including Australia and New Zealand travelers, and to make a reservation related to travel.
C. Defendant C, due to the chain of bankruptcy of a trader from around 2016 to around 2017, was to bear approximately KRW 273 million on four travel agencies, and was to pay KRW 160,000,000,000 from financial institutions, due to Defendant C’s failure to pay back the amount of KRW 160,000,000,000,000,000,000,000.
Defendant C, even if receiving the purchase price for airline tickets around 2018, was planned to use it in repayment of the existing debt, and did not have an intention or ability to purchase normally airline tickets.
Nevertheless, Defendant C acted as if the Plaintiff would purchase the air tickets, etc. normally at the above request, deceiving the Plaintiff, and demanded the Plaintiff to pay KRW 37.8 million as the purchase price for the air tickets.
The Plaintiff, as such deception by Defendant C, remitted KRW 32,314,300 to the Defendant C’s account from January 23, 2018 to May 3, 2018, to KRW 32,314,300 to the Defendant C’s account, in total, KRW 1,580,000 (in total, KRW 1,580,000, the sum of the refund of the Incheon Paris Paris Aviation Rights) to be refunded (i.e., the sum of the refund of the airline tickets in Incheon High School Incheon, Incheon, the sum of the refund of the airline tickets).
(hereinafter “this case’s defraudation”). E.
Defendant C is subject to the aforementioned criminal facts (excluding the total sum of KRW 1,580,000,000 for refund of the Incheon Aeronautical ticket of G High School from the above damage amount) and is sentenced to imprisonment for eight months, the suspended sentence for two years, and the community service order for 160 hours.