A defendant shall be punished by imprisonment for not less than five months.

The defendant 12,580,000 won to the applicant C, and 3,210 to the applicant D.

Punishment of the crime

The Defendant is a person who operated a travelr with the trade name E from May 2016.

The defendant was unable to raise a certain amount of income due to the business depression of the above E, and there was no special property. Rather, the defendant bears personal debts of 90 million won or more. The defendant received money from the customers as travel expenses and used it in preference to living expenses, repayment of personal debts, etc., and the travel of the existing customers is operated in the way of "return", which is appropriated as travel expenses to be received from the new customers, so even if they receive money from the victims as travel expenses, there was no intention or ability to allow the victims to travel.

1. On September 29, 2016, the criminal defendant against the victim C showed the schedule of the travel goods to the victim C in the “G cafeteria” located in the “G cafeteria F, netcheon-si on September 29, 2016. The defendant said, “If the 12 persons are KRW 35,880,000 per single person, they may travel from April 11, 2017 to August 10.”

On September 30, 2016, the Defendant: (a) by deceiving the victim; (b) received KRW 6,000,000 from the post office account (Account Number: H) in the name of the Defendant’s deposit; (c) received KRW 6,00,000 from the Defendant’s agricultural bank account (Account Number: I) in the name of the intermediate payment on February 10, 2017; and (d) received KRW 36,580,000 in the name of the intermediate payment on March 13, 2017, respectively; and (b) received KRW 36,580,000 in the name of the remainder as travel expenses.

Accordingly, the defendant acquired the victim's property by fraud.

2. On February 10, 2017, the Defendant: (a) explained the schedule of the travel product by phone call to the victim D; and (b) stated that “If three persons are KRW 9,210,000 per person, the sum of KRW 3,070,000 per person, the Defendant may travel from April 11, 2017 to KRW 10 days.”

On February 20, 2017, the defendant deceivings the victim as above, and 3,000,000 won from the Agricultural Cooperative Account (Account Number: I) in the name of the defendant on February 20, 2017 from the victim.