2019 Highest 5294 (Consolidated) Fraud

Residential Ulsan

Reference domicile

Defendant is a person who has operated SP 240-gil2, Ulsan Nam-gu, Ulsan-gu, 240-ro. Around August 9, 2019, Defendant made a false statement to the effect that, by telephone at the SP's office, Defendant would make a promise to make a family travel product of the Republic of Korea, the Republic of Korea would make up for the four-day five-day period (from August 26, 2019 to August 30, 201) if Defendant paid KRW 850,000 per capita and KRW 5,950,000 per capita by telephone to the victim gambling.

However, in fact, even if Bolars received money from the victim as hotel expenses, air expenses, and virtual expenses, the defendant was willing to use full amount of the existing debt payment, office operating expenses, transaction enterprises, and related travel agencies in return for the accounts payable, and there was no intention to make a promise for hotel, aviation, etc. on behalf of the victim.

Nevertheless, Defendant A, as seen in this case, deceiving the victim, and was delivered KRW 5,950,00 to the Agricultural Cooperative Account (-) in the name of the Defendant around August 11, 2019. The Defendant, along with this, knew the victim from April 11, 2019 to August 26, 2019, and was delivered KRW 43,263,200 in total on the pretext of aviation, accommodation, etc. from the victims.

“2019 order 5294”)

On June 5, 2019, Defendant made a false statement to the effect that Defendant would make up for the right to return to and from Busan Cheongdo, if she would make up for 300,000 won by telephone from the above S Tour Office to 00,000 won.

However, even if the defendant received the money from the victim, he/she was willing to use the money for the repayment of the existing debt, office operating expenses, transaction companies and related travel agencies, and there was no intention or ability to promise the airline tickets for the victim.

Nevertheless, Defendant A, as seen in this case, deceiving the victim and was delivered KRW 300,00 to the Agricultural Cooperative Account (--) in the name of the Defendant around June 5, 2019. Defendant A, as described in the List of Crimes (2) from June 5, 2019 to August 6, 2019, deceiving the victims as shown in the List of Crimes (2), and then was delivered KRW 23,480,000 from the victims for the purpose of aviation, accommodation, etc.

The summary of evidence (to be omitted)

Application of Acts and Subordinate Statutes

1. Relevant legal provisions and selection of punishment on the facts of crime;

§ 347.1 of each Criminal Code (Fraud and choice of imprisonment)

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. The grounds for sentencing: Imprisonment with prison labor for a period of 15 years;

2. The scope of recommending sentences according to the sentencing standards.

[Determination of Type] The amount of fraud (Type 1) is less than KRW 100 million and the amount of profit shall be added according to the method of dealing with the same concurrent crimes.

[Special Sentencings] Aggravations: Cases where a crime was committed repeatedly on unspecified or large number of victims or on a considerable period of time

[Scope of Recommendation and Recommendation] Aggravation, Imprisonment with labor for a year and six months

3. Determination of sentence: The crime of the 10-month imprisonment was committed by the Defendant, even if the Defendant received money from the victims, and was used for other purposes, such as personal debt repayment without the intent or ability to use it as the expense of travel goods requested by the actual victims, thereby deceiving the victims of the 19 total sum amounting to 66,743,00 won. The damage amount is reasonable, and the damage amount is not easy, and is also likely to be subject to criticism in light of the method and attitude of the crime. The Defendant was unable to reach an agreement with the remaining victims except for the number of victims, or failed to pay the damage of the said victims. Ad hoc around August 20, 2019, the Defendant was arrested on or around December 10, 2019, before the victims filed a complaint. Considering the above circumstances unfavorable to the Defendant, a sentence of sentence to the Defendant is inevitable.

However, there are circumstances that may be taken into account some of the motive and circumstances of the crime, including the fact that the defendant acknowledged the crime of this case and against the mistake, that the defendant used to run a travel business in the so-called "fashive manner," such as paying travel expenses to the victims using the money received from the victims, etc., and that the victim was unable to punish the victim when the agreement was reached between the victim and the victim, and that there was no record of punishment exceeding the fine and there was no record of the same crime. Considering the circumstances favorable to the defendant, the defendant's age, character and behavior, environment, motive and circumstance of the crime, the circumstances after the crime, etc. are considered as favorable to the defendant, and the sentence of this case shall be determined by getting beyond the lower limit of the recommended type according to the sentencing criteria, taking into account all the circumstances shown in the argument of this case, such as the age, character and behavior of the defendant, motive and circumstance

A person shall be appointed.

A person shall be appointed.