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(영문) 전주지방법원 2012.06.21 2011고단2703

사기

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 28, 2011, the Defendant stated that “The Defendant would be exempted from paying down the down payment to the victim D at the Seojin-gu Seoul Special Metropolitan City Esck-gu Seoul Special Metropolitan City Esck-gu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City 14 million won per person until the day before the end of the Gu Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Special Metropolitan City Do Do Do - April 26, 2011.”

4. A travel contract was concluded with the content of 29.29(3)(4) Japan, the 25 persons, each of 80,000 won, and 13 persons, each of 90,000 won, respectively.

However, since the defendant had a debt of 100 million won or more at the time, and was engaged in so-called so-called travel brokerage in return without any particular property or income, even if he received money from the victim, he did not have the intention or ability to make the victim's will to go to Japan, and used it as travel expenses and living expenses of other travelers.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim a total of KRW 26 million including KRW 6 million around January 21, 201 and January 26, 201, respectively, under the pretext of Japanese travel expenses for the victim in the name of the victim, from the victim via a passbook at the City Bank (Account Number:F) in the name of the defendant. < Amended by Act No. 10713, Mar. 3, 2011; Act No. 10673, Mar. 4, 2011; Act No. 1080, Mar. 2, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A written contract for domestic travel, a written estimate, and a detailed statement of savings deposit transactions;

1. Application of Acts and subordinate statutes to investigation reports (the case of telephone statements made by the persons concerned with theG tourr), investigation reports (H employee telephone statements);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the same criminal defendant.