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(영문) 서울남부지방법원 2020.05.08 2018고단2197

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal power] On September 24, 2014, the Defendant was sentenced to eight months of imprisonment for fraud at the Suwon District Court, and completed the execution of the sentence in the female prison on May 26, 2015.

【Criminal Facts】

around June 29, 2017, the Defendant stated that “Around June 29, 2018, the Defendant would hold a medical seminars in Vietnam, and would offer the cost and expenses to the victim B, if he/she introduces his/her intention to conduct a seminars.”

Accordingly, the victim excluded from the intention in Korea and had the victim perform the procedure in the above seminars for three days from June 30, 2017 to July 2, 2017.

However, the defendant did not have any intention or ability to pay the agreed cost of invitation, other expenses, etc. because of lack of any other financial ability.

As such, the Defendant, by deceiving the victim, did not pay 7.5 million won, such as the cost of invitation of doctors, expenses, etc. even though he was provided with medical services from the victim, thereby acquiring pecuniary benefits equivalent to the same amount.

around July 27, 2017, the Defendant stated that “The Defendant would send ten members of the Party, including the Party, to Vietnam for collective travel from October 26, 2017 to October 30, 2017, at the office of the E Co., Ltd. working for the victim D (Nam, 47 years of age) located in Yongsan-gu, Yongsan-gu, Gyeonggi-do.” The Defendant stated that “I will send ten members of the Party, including the Party, to Vietnam for collective travel from October 26, 2017 to 30 of the same month.”

However, since the financial situation of the travel agency operated by the defendant is extremely good, the defendant used the money received from the customers as a word "refluence" and operated the travel agency. Even if the defendant received the money from the victim, he did not intend to use it as a travel expense of other customers or to use it as a priority for his own living expenses, etc., so the defendant did not have the intent or ability to send the victim and the victim's workplace manuals to Vietnam.