A mum-of-five who swindled over £46,000 out of hopeful holiday makers by flogging bogus trips to Cyprus on Facebook has walked free from court because of her kids .
Emma Yankey, 42, took deposits from 25 people who were expecting a holiday to the Mediterranean island, which was advertised online and by word of mouth in 2017.
But when the trips were cancelled last minute she refused to pay back the money, pocketing a total of £46,691.76 for herself.
A judge at Liverpool Crown Court today said the only reason he wasn't sending her straight to prison was because of her five children.
Recorder Richard Archer, told the mum she couldn't hold the court to "ransom" by "essentially saying you can't send me to prison because I've got children".
But the judge spared her jail due to the "profound" effect it would have on her five kids, Liverpool Echo reports.
Detailing the offences the judge said: "I have to sentence you for a fraud and assisted money laundering charges arising out of your involvement advertised by Facebook to offer holidays to individuals under the name '3TheSoulHolidays'."
Recorder Archer explained that after bookings in 2017 for a holiday to Cyprus were taken it was clear the trip "was never going to come off".
The judge said: "As time went on days passed to weeks to months, you continued to take or hold onto money paid in good faith to you by customers who looked forward to attending that holiday.
Speaking about the victims the judge said they have "suffered various effects of your offending" adding "they are frustrated, they have had their confidence knocked".
The judge said: "They may be shy to engage in what may be legitimate enterprises as they had had their fingers burned by people like you".
John Rowan, defending, asked the judge to consider that she has a "realistic prospect of rehabilitation" explaining that there is "remorse" and she admitted the offences.
Mr Rowan said: "There would be a significant impact on dependants should she lose her liberty.
"She doesn't want to come across as if she is holding this court to ransom but they are a matter that should be quite properly submitted to the court."
The court heard Yankey is a "low risk of reoffending and a low risk of harm".
Mr Rowan said: "She wants it known she has punished herself every day for what she did."
He also asked the judge to take into account the impact of the coronavirus pandemic on prisoners.
Mr Rowan explained that Yankey has had to deal with mental health difficulties and "trauma from a long period of domestic violence".
The court heard that she has so far paid back £5,500 of the £46,000 she conned from innocent members of the public.
Mr Rowan said: "Of course that's a small drop in the ocean to the £46,000 outstanding. She wants to save up to pay compensation to the victims of her crime."
He explained that Yankey has been unable to work during the pandemic as she has had to homeschool her children.
The lawyer added: "She has learned a lesson from her behaviour and again offers her apologies."
Yankey, of Riverdale Road, West Kirby, admitted fraud and three counts of concealing or transferring criminal property.
Recorder Archer said he took into account that she pleaded guilty in interviews which took place in 2018 and 2019, reducing her overall sentence by a third.
He noted her caring responsibilities for the five children, two of which have "extremely complex care needs", and "all of whom will be seriously affected were you to go immediately to custody".
Recorder Archer added that he had assessed childcare options should Yankey be jailed, but that none matched being looked after by their mum.
The judge said that Yankey's partner moving in three weeks ago "would be some poor substitute" for having their mother.
The judge said: "In my judgement the effect would clearly be profound
"The reason I did that, though it's important for the courts to consider caring responsibilities, that cannot and will never hold the court to ransom, essentially saying you can't send me to prison because I've got children".
"It is for that reason and that reason alone I am prepared to suspend prison sentence in your case.
"You should know but for that factor I would have sent you immediately to custody today."
Yankey was handed two years suspended for two years and must complete 180 hours of unpaid work.
