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(영문) 서울서부지방법원 2016.11.03 2015고단2557

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 12, 2012, at the Seoul Mapo-gu Seoul building and the E Tour Office operated by the victim D in No. 1705 on December 12, 2012, the Defendant stated that “The Defendant would conduct a sex tourism business against Chinese travelers. The Defendant may recruit Chinese travelers, and may receive fees in return for the recruitment of Chinese travel agents. If 200 million won are lent for the recruitment of travel visitors, the Defendant would pay them with high interest within 1-2 months.”

However, in fact, even if the Defendant borrowed KRW 200 million from the victim in terms of the cost of soliciting sex tourists from the victim, he did not intend to use all of the KRW 200 million as the above. Of that, the Defendant was willing to use KRW 50 million as the rent and operating expenses of the G hotel located in Dongdaemun-gu Seoul Metropolitan Government, where the Defendant operated, and there was no ability to repay the above KRW 50 million.

As such, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim on December 12, 2012, KRW 50 million, KRW 100 million on January 4, 2013, and KRW 50 million on January 10, 2013, and received KRW 200 million from the victim, and used KRW 550 million on the solicitation-related work for sex-type Chinese tourism, and acquired KRW 50 million on the part of the victim for personal use.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement of D police statement;

1. A complaint;

1. Detailed statement of transactions by account, details of deposits, loan certificates, and details of deposit and withdrawal;

1. Application of investigative reports, investigative reports, and investigative reports (H telephone conversationss)-related Acts and subordinate statutes to such reports;

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of sentence [the scope of recommending punishment] General Fraud and No basic area (6 to 100 million won) (6 to 1 year and 6 months) of punishment (a person with a special punishment] [decision of sentence] The amount of defraudation of this case is considerably larger than five million won, and even though the defendant received from the victim, it is KRW 200 million.