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(영문) 대전지방법원 천안지원 2018.12.13 2018고단1701

사기등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 300,000 won.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B, and Defendant B is a corporation established for the purpose of travel agency business.

1. Defendant A

A. On December 20, 2017, the Defendant: (a) at the office of a stock company located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (b) concluded that “A request from the victim D to allow 23 persons, including B, to travel on the North Sea for three and four days,” and that “A victim would be allowed to take off the said travel on the face of KRW 1.680,000 per one person’s travel expenses.”

However, in fact, the above company operated by the defendant was operated in the form of "refluence to return" due to very difficult financial circumstances, and even if the defendant received travel expenses from the injured party, the defendant did not have any intention or ability to allow the injured party and his/her daily travel to take part in the daily travel.

The defendant deceivings the victim as above, and was transferred from the victim to the account under the name of the stock company B as travel expenses, the sum of KRW 1,584,000,000 around December 20, 2017, KRW 4.1 million around December 28, 2017, KRW 3,8640,000 around January 3, 2018, KRW 23,8640,000 x 1680,000.

B. On April 17, 2018, the Defendant violated the Tourism Promotion Act, even though issued an order of improvement to comply with the said contract by May 8, 2018, on the ground that the Defendant’s payment of travel expenses to 23 persons, such as D, was made at the office B, the Defendant, as described in paragraph (1), and the Defendant’s failure to perform the contract, constitutes an intentional breach of the travel contract from the astronomical market.

2. Defendant B, at the time and place specified in paragraph 1-B, the Defendant, a representative of the Defendant, committed a violation in relation to the Defendant’s business, as set forth in paragraph 1-B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against D;

1. Guidance documents relating to travel contracts;