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Defendant
A shall be punished by a fine of KRW 3,000,00,00,000, for five months of imprisonment for A.
Defendant
B The above fine shall not be paid.
Reasons
Punishment of the crime
Defendant
A has run a travel business without a trade name from the beginning of 2011 to the summer of 2011. Since the early of 2011, a person who actually operated a "stock company D" travel agent, and Defendant B is the representative director in the name of the above travel agent.
1. The Defendants’ co-principal
A. around October 201, Defendant A called, “If the payment is made by November 2, 201, the payment is made by November 2, 201, to the victim G, who is the president of the F Study branch office located in Gangnam-gu Seoul, who is specialized in consulting on studying in Australia, at the above tour agency office located in Gangnam-gu, Seoul, the Defendant called, “I will receive eight copies of the right to return from the head of Australia’s business, starting on January 8, 2012.”
However, the Defendant did not have the intention or ability to receive the airline tickets because the Defendant was scheduled to use the airline tickets in repayment of the obligation of the travel agency even if the Defendant received the airline tickets from the victim because of the situation.
Nevertheless, the Defendant, by deceiving the above victim and deceiving it from the victim on October 26, 201, took over KRW 1610,000 from the victim on October 26, 201, and KRW 1,449,000 from November 2, 201 as the price for aviation tickets.
B. On November 2, 2011, Defendant B, while being well aware of the fact that A acquired money from the victim at the above travel agency office, did not notify the victim of such fact while executing the contract. Rather, Defendant B transferred 1,344,000 won out of the above 1,4490,000 won, which the victim remitted, to the Defendant’s account, and aided and abetted A to commit the above crime by using it for the said travel agency’s debt repayment.
2. Around February 2011, Defendant A told the victim H by telephone at the above travel agency office that “When paying the air ticket, the husband would have obtained the right to return from New Zealand from her husband I.”
However, in fact, the defendant was scheduled to use the airline ticket for his personal purpose even if he received the airline ticket payment from the victim.