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(영문) 대구지방법원 서부지원 2020.05.14 2020고단880

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who lends the trade name of “stock company C” in Daegu-gu, Daegu-gu, and works as a travel designer.

On September 3, 2019, the Defendant concluded a travel contract with the victim D through the Kakakao Stockholm message, stating that “The Defendant would make a promise to make an aviation with the said money and proceed with the travel contract,” with the victim, on December 9, 2019, from December 4, 2019 to December 9, 2019, total of 13 persons, total travel expenses, total travel expenses of 8,970,000 won.”

However, in fact, the defendant was under bad credit standing at the time, and was under the so-called so-called "fashion" type using travel expenses from subordinate tour policyholders as the expense of the senior tour contractor, so even if he received the money from the victim, he did not have any intention or ability to use the money as the travel expenses of the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 8,969,00 in total from the victim to the EF bank account in the name of the mother of the Defendant, including KRW 1,100,000 on September 4, 2019; KRW 2,550,00 on September 10, 2019; and KRW 8,969,000 on October 18, 2019.

In addition, the Defendant received a total of KRW 61,517,400 from May 6, 2019 to November 29, 2019 in the same manner as indicated in the list of crimes in attached Form 21, as well as from May 6, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on D, H, I, J, K, L, M, N,O, P, and Q;

1. Written statements of R, S, T, U, V, W, X, Y, and Z;

1. Report on internal investigation (Contact, etc. with the victim and the victim AA), investigation report (revision of the list of crimes);

1. A detailed statement of deposit transactions, each Kakao Stockholm message, each certificate of deposit transactions, receipt of deposits in each account, electronic financial transfer result certificate, e-mail closure part, personal financial transactions, each transaction statement, each family relation certificate, each copy of each contract, the statement of transfer, each certificate of remittance, and each deposit statement; and