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(영문) 광주지방법원 2017.08.10 2017고단1093

사기

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 27, 2016, the Defendant entered into a contract with the 3,038,00 won per victim F, G, H, I, J, K, L, M, N, andO, via the victim F, for seven seven days from July 29, 2016 to August 5, 2016, stating that “The Defendant shall travel to three European countries (U.S., Switzerland), including F, G, H, I, J, K, L, L, M, N, andO, for seven hours from July 29, 2016 to eight days from August 5, 2016.”

However, even if the defendant entered into a contract with the above contents, he did not have any intention or ability to make an overseas travel according to the above contract.

As above, Defendant 1 received KRW 1 million from the victims as the overseas travel down payment, i.e., one million won from tin, and on January 30, 2016, 400,000 won in the agricultural bank account in the name of the Defendant’s father P ( Q) account, and the same year.

3. 22.7 million won, and the same year.

6. After receiving a transfer of KRW 30,380,00,000 including KRW 1,838,00,000, the Defendants acquired pecuniary benefits of KRW 10,000,000,00 in total, by making the Defendants travel differently from the terms and conditions of the contract, by making the accommodation facilities to be class 2,00,00 air at low-price, and the aircraft also to be changed to a low-price aviation, and excluded from the Berne Korean War and the G

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution of some part of the defendant (including theF statement);

1. Investigation report (the details of the prosecutor's direction);

1. Application of Acts and subordinate statutes to the contract for overseas travel of E, the schedule of overseas travel of E, the schedule of travel of R (S) travel, a copy of the travel contract (R travel agency), the overseas travel schedule of R travel agency, each deposit statement, and the detailed statement of transactions of passbook in the name of his/her father or mother;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order