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(영문) 춘천지방법원 속초지원 2017.02.08 2016고단108

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 108] The Defendant: (a) around June 2014, at the “H” operated by the Victim G in Gyeyang-gu, Yangyang-gu, Seoyangyang-gu, G, “W”, the Defendant: (b) accommodation at this place about 350 children’s centers in Incheon; and (c) wanting to conduct a summer camp. The payment will be made in cash on the date of the said accommodation.

“A false statement” was made.

However, as above, the Defendant did not have the intent or ability to pay accommodation charges to the victim even if the Defendant was provided accommodation from the injured party due to his personal debt and the aggravation of the management of the travel agency operated by the Defendant.

Nevertheless, the Defendant: (a) concealed the aforementioned circumstances; (b) induced the victim G by deceiving the victim G; and (c) had the victim G take care of 320 children from August 12, 2014 to August 14, 2014, the Defendant failed to pay accommodation cost of KRW 13,80,000,000; and (c) obtained such money by deceiving the victims from August 28, 2015, thereby obtaining pecuniary benefits equivalent to the said amount by not paying accommodation cost of KRW 47,327,00,00, as stated in the list of crimes in the attached Table, from August 28, 2015.

"The defendant, on January 11, 2014, called "the 2016 Highest 310 Ski Camp 3.10" by phone call from the J of the victim Gangnam-si Co., Ltd. to the defendant on January 11, 2014 to the 2th day of the same month, and opened a skiing camp from January 11, 2014 to the 12th day of the same month, and the total 114 Ski Camp participants to provide accommodation and accommodation. The price will be paid immediately after the event.

The phrase “ makes a false statement.”

However, the Defendant had no particular property at the time, and had the obligation to pay KRW 2,00-300 to 300,000, and had the obligation to pay unpaid wages to its employees. In other events, if profits occur, the Defendant thought that he would be paid using the profits. Therefore, even if he was provided with accommodation and lodging, he did not have the intent or ability to pay the funds to the victim as agreed upon.