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(영문) 의정부지방법원 고양지원 2014.08.14 2013고단2152

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates the D Travel Agency of Jongno-gu Seoul Metropolitan Government Co., Ltd. in 203, and E is a person who operates G on the F5th floor of the Seocho-gu Seoul Metropolitan Government in Goyang-si.

On January 2013, the Defendant and E concluded a joint business contract with E with the victim on January 1, 2013, the following facts: (a) the Defendant and E made false statements stating that “I would pay 100 million won deposit to the cosmetic Association, and if I would be able to exclusively arrange domestic travel on behalf of D travel agencies when I would have paid the deposit to D travel agencies, it would be able to exclusively arrange domestic travel on behalf of D travel agencies when I would have paid the deposit amount; (b) the Defendant and E would have lent the account of D travel agencies to receive the victim and gathered that the Defendant and E would arbitrarily use the money transferred from the victim.

Accordingly, around January 4, 2013, E entered into a joint business contract with the victim in the sixth floor of the Gangnam-gu Seoul Gangnam-gu JJ Center, and, on the condition that “AD tourr Company I transferred the deposit amount of KRW 100 million to the Chinese cosmetic Association under the condition that it exclusively arranges the foreign travel of foreigners who wanting to make a sex tourism by considering that it has the value of investment in the foreign sex-based medical business,” and that I already wired the deposit amount of KRW 100 million to the account of the head of the Tong-gu branch of the D tour Corporation, on behalf of the D tourr, if you repay the deposit amount of KRW 100 million to the account of the head of the Tong-gu branch of the D tour Corporation, they may exclusively arrange the domestic travel of foreigners on behalf of the D Tour and bring all profits from the domestic travel.” The money was transferred from the victim as the Nong Bank in the name of D Tour company as the deposit amount.

In this respect, the defendant and E conspired to deceiving the victim to acquire the property.