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(영문) 서울서부지방법원 2015.12.10 2015고단1033

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2015, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment for fraud at the District Court of Jung-gu District on June 23, 2015. The judgment became final and conclusive on July 1, 2015.

Around October 2013, the Defendant called the victim F F, who became aware of by the introduction of a branch in a residential area located in Eunpyeong-gu Seoul, Seoul, and demanded money as a pre-contract for aircraft boarding fees, stating that “on December 2, 2013, the Defendant sent 23 million won to 44 persons with the costs of an aircraft tampet for 44 persons with respect to the missionary travel of an organization of the Philippines, the Defendant shall make a promise to use an aircraft ticket at a low level on the condition that he/she starts from the domestic airline and from Busan at the end of December 2013.”

However, in fact, the Defendant had no intention or ability to make up for boarding tickets normally even if receiving the subscription money from the victim, because all the subscription money received from the victim at the time was used first for the purchase of boarding tickets by the person who has scheduled to buy an aircraft.

Nevertheless, the Defendant made a false statement as if he had the right to embark normally against the victim, and received a total of KRW 23 million from the victim on November 13, 2013 to the 27th day of the same month from the victim as he/she had the right to embark on the aircraft as a reservation for the right to embark on the aircraft.

Summary of Evidence

1. Part of the defendant's legal statement (a statement to the effect that he/she has been issued 23 million won as a subscription fee for boarding an aircraft by the victim);

1. Legal statement of witness F;

1. The police statement concerning F;

1. A copy of a letter of payment, or a copy of the passbook;

1. Previous records: The application of criminal records and investigation reports (a copy of separate judgments, etc.) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. The reasons for sentencing under Article 62(1) of the Criminal Act are as follows, and the age, character and conduct, and environment of the defendant.