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(영문) 의정부지방법원 2015.02.11 2014고단3947

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant was sentenced to five months of imprisonment for a crime of fraud at the District Court of Jung-gu on January 15, 2015 and the judgment became final and conclusive on January 23, 2015.

The defendant is the representative director of C corporation.

On December 23, 2013, the Defendant made a false statement to the effect that, in the process of entering into a contract with the victim E and one mobile operator, the Defendant acquired the right to aviation and accommodation of only one mobile operator’s large travel goods and transferred money to the effect that, “In the process of making a contract with the victim E and one mobile operator, the Defendant is operating the three-day travel agency in the city of the Government of Gyeonggi-do, while allowing only two-day travels from January 16, 2014 to February 3, 2014, the Defendant secured the right to aviation and accommodation of one mobile operator’s large travel goods.”

However, there is no intention or ability to secure aviation rights and accommodation rights on behalf of the victim, even if he/she receives money from the victim, because the financial status of the corporation C at the time has deteriorated and it is necessary to use the money received from the victim as the purchase price of travel products from other customers.

Nevertheless, the Defendant received 4,299,200 won in total, including KRW 400,00 around December 29, 2013, and KRW 3,899,200 around January 9, 2014.

After all, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A complaint;

1. A photograph by cutting text messages;

1. A detailed statement of deposit;

1. Previous convictions in judgment: The defendant's statement in court, application of Acts and subordinate statutes (the Government of the Republic of Korea 2014No2384);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized and reflected, and the judgment of the first head of the instant crime has become final and conclusive.