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(영문) 전주지방법원 군산지원 2013.06.20 2012고단1984

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall pay 1,900,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On December 15, 2009, the Defendant: (a) was unable to send money to the victims as agreed upon, even if the Defendant’s “C” tour operator’s registration of travel business was revoked; and (b) did not receive money from the victims for travel expenses; (c) however, the Defendant was willing to receive money from the victims as a travel expense to use it for

1. On January 4, 2011, the Defendant made a false statement to the victim E at the “C” travel agency office located in the Si/Gunsan-si D, that “I will send three-day Japanese travel for 4 days if I would pay KRW 900,000 per capita travel expenses.”

The Defendant received KRW 1 million from the victim on January 4, 201 and from that time up to March 4, 201, the Defendant received KRW 15.7 million in total for the travel expenses of 13 persons other than the victim E, from around 4, 2011.

2. On January 19, 2011, the Defendant, at the above travel agency office, made a false statement to the victim F, stating that “If 1.8 million won is paid for travel expenses, 1.8 million won will be sent to Japan, 3.4 days of gambling shall be sent to Japan, 50,000 won for the same day, and 1.3 million won shall be delivered from the victim on January 27, 201, and received a total of 1.8 million won for travel expenses on two occasions in total.

3. On January 21, 201, the Defendant, at “H” located in the Gunsan-si G, issued to the victim B a false statement that “one person, 1,000 won per capita, per week, will travel in Jeju-do for three and four days from March 27, 2011,” and received a total of KRW 1,90,000,000 as travel expenses from the victim, i.e., one million won from the seat, and a delivery of KRW 90,000,000 to February 22, 2011.”

Accordingly, the defendant deceivings the victims, thereby obtaining a total of KRW 18.5 million from the victims.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F, B, and E;

1. Each complaint;

1. A copy of each travel contract;

1. Orders for administrative dispositions;

1. Each receipt; and

1. A travel contract;

1. A schedule 1.