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(영문) 대구지방법원 서부지원 2017.05.12 2016고단1669

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2015, the Defendant made a false statement to the effect that “D” offices operated by the Defendant in the Daegu-gu Jung-gu C2nd floor, Daegu-gu, would give the victim E the right to reply to KRW 14,885,400 in the amount of KRW 14,885,40.”

However, the defendant had no intention or ability to give the right of aviation to the victim according to the promise, since he/she has many other obligations such as the loan of the lending company and the account payable to the customer at that time, even if he/she has received the amount of airline ticket payment from the injured party, he/she has to pay the defendant's existing obligation or pay it

On December 2, 2015, the Defendant: (a) by deceiving the victim; (b) received KRW 14,885,400 from the Defendant’s corporate bank account in the name of the Defendant around December 13:25, 2015, under the name of the right to airline tickets.

The Defendant of the 2016 Highest 1875 [2016 Highest 1875] is a person who operates a travel agency in the trade name of “D” in Daegu-gu, Daegu-gu, and the victim F is a person who operates a travel agency in the trade name of “H” on the 2nd floor of the port north-gu.

On February 26, 2016, the Defendant received a request from the injured party for the issuance of Jeju airline ticket departing from the airport of Thailand to the airport of Thailand, and around October 27, 2015, the Defendant is expected to have the right to issue the airline ticket to the injured party at the above “D” office around October 27, 2015.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the defendant had no intention or ability to give the right of aviation to the victim according to the promise, since he/she has many other obligations such as the loan of the lending company and the account payable to the customer at that time, even if he/she has received the amount of airline ticket payment from the injured party, he/she has to pay the defendant's existing obligation or pay it

On October 29, 2015, the Defendant deceivings the victim as such, and was designated by the Defendant on November 2, 2015 from the victim to the Daegu Bank account under the name of the Defendant, as KRW 2,658,00, and the name of the first designated by the Defendant on November 2, 2015.