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(영문) 서울동부지방법원 2015.12.16 2015고단1880

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

The defendant, with the money obtained by defraudation, 2,960,00 won, and 2.0

Reasons

Punishment of the crime

[2015 Highest 1880] On February 27, 2015, the Defendant sent the schedule and estimates to the victim AB to the victim’s e-mail address at the Seoul Gwangjin-gu Seoul Special Metropolitan City Office and AA office located in the Defendant’s operation, and sent a text message to the victim by posting the phone to the victim and sending the text message to the victim, and “AC organization deposits the down payment of the Jeju-do travel contract between 30 members and 20 members of the AC organization. The time has elapsed, making it difficult for the victim to pay the down payment of the air fare. There is a difference in money to pay for the payment of the air fare. The air fee has been resolved so that the local hotel and the vehicle fee should be paid off.” The payment of the money shall start without delay.”

However, at the time of the Defendant’s operation, AA, a company operating the Defendant, was in a very difficult condition to manage, such as lending money from bond business entities since April 2014 because it was not good for financial conditions. Unlike the victim’s speech, the Defendant was merely aware of the Defendant’s repayment of the Defendant’s loan and the expenses incurred in performing the travel contract with other travel agents, and there was no intent or ability to perform the travel contract with the victim.

As above, the Defendant, by deceiving the victim, received from the victim a total of KRW 1 million from the national bank account under the name of the Defendant for travel expenses, to KRW 3.5 million around February 27, 2015, KRW 3.5 million around February 28, 2015, KRW 1.5 million around March 20, 2015, KRW 2 million around March 24, 2015, and KRW 8 million.

[2015 Highest 2395] The Defendant, as an operator of AA Company, was faced with a travel event after the sinking of the Sewol ferry on April 2014, the travel agent accumulated only losses without profit, and the said travel agent incurred approximately KRW 200 million loss on December 2014, and the said travel agent’s capital was entirely covered, and there was no other property or income, and thus, the Defendant received the travel expenses from the travel applicant and used the existing debt repayment and the travel expenses for the travel applicant.