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(영문) 대전지방법원 2015.10.14 2015고단3061

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, using experience such as the method of inviting tourists to participate in various places of travel at a travel agency, the discount of travel expenses according to the reservation number, etc., in order to collect money from the applicants for travel with a discount of overseas travel or travel expenses.

Around July 2014, the Defendant made a false statement to the victim AV that “to allow the victim AV to leave the European tour as an employee.”

However, the defendant did not have the intention or ability to make overseas travel even if he receives the money from the victim as travel expenses.

Around July 8, 2014, the Defendant received KRW 2,400,000 from the victim as travel expenses from the Nonghyup Bank (M) account in the name of the Defendant, and from that time, acquired the total amount of KRW 35,900,000 from the victims about 10 times as described in the attached crime list between December 4 of the same year and the above method.

Summary of Evidence

1. Defendant's legal statement;

1. AX, AY, AY, AZ, AV, and BA's written statement of the police officer's statement about AW, and two others (AYAV);

1. Investigation report (in addition, a statement of complaint and data on details of deposits) and investigation report (in filing of data submitted by a victim);

1. Application of Acts and subordinate statutes governing specification of transactions, payment note, receipts, specifications of transactions, liquidity meetings, details of transactions by period of receipt, credit card online loan slips, and Canadian contents;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Application of the sentencing guidelines [Determination of types] Fraudulent Offenses, General Fraud, and Type 1 (less than KRW 100 million): In cases of aggravated crimes: In cases of unspecified or large number of victims, or repeated crimes over a considerable period of time, [the area of recommendation and the scope of recommendation] increased area, imprisonment from one year to two years.