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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant, “2018 Highest 2330,” upon attracting a travel customer, is a person who acts as a broker for the travel of customers, such as C, operated by B (hereinafter “C”) after having opened a travel customer, and is unable to know on September 2017, the Defendant would allow the victim D, who had been traveling through himself/herself before the instant case, to travel with a “1,100,000 won per call” from January 17, 2018 to January 21, 2018.
“The purpose was to make a false statement.”
However, in fact, the Defendant thought that travel expenses received from the injured party were to be used for his existing debt repayment, stock investment, etc., and the Defendant used the travel expenses received from the injured party to the new customer by using the so-called “return prevention,” which is used for the travel expenses of other travel customers due to the situation in which the travel expenses received from the injured party was consumed for the aforementioned other purposes. Thus, even if the travel expenses are paid from the injured party, the Defendant did not have the intent or ability to provide the above travel services promised to the injured party.
The Defendant: (a) by deceiving the victims as above; (b) received KRW 3,300,00 on September 19, 2017 from the victims under the pretext of travel expenses from the victims to the single bank account (E) in the name of the Defendant; and (c) deceiving the victims on a total of 43 occasions from August 21, 2017 to January 5, 2018; and (d) received KRW 94,671,000 for travel expenses from the victims.
From 2015 to 2015, the Defendant was engaged in the business of the victim C (hereinafter “victim”) in the Young-gu F and the third floor in Suwon-si, Suwon-si, and the victim company was engaged in the business of reservation of travel goods and the business of collecting travel expenses under the agency contract with G Co., Ltd. (hereinafter “G”).
The Defendant around June 14, 2017.