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(영문) 서울남부지방법원 2014.06.11 2012고단2247

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. The Defendant is a person who operated the “K Tour” in the Republic of Korea from June 1, 2008 to June 8, 201, with a view to running a tourist business with Korean new mixed tourists.

2. The victims of the fraud against the victim L and the victim M are those engaged in travel business with the will of the defendant.

On February 28, 2011, the Defendant made a false statement to the victim L by telephone at the above travel agency office located outside the Philippines, stating that “I would immediately pay money if I would like to receive 450,000 won from theO operatingO, because I would be able to receive 450,000 won of money.”

However, at the time of the operation of the above travel agency, the Defendant already assumed the liability exceeding KRW 200 million due to the occurrence of the enemy, etc., which was continued in the course of the operation of the above travel agency, and it was difficult to receive KRW 450,000 from theO due to the aggravation of the operation status of the travel agency. Even if the above money was received, the amount of KRW 160,000,000 which was first subsidized by another shopping shop was to be returned first due to the change of the transaction party. Therefore, even if part of the above 4

Nevertheless, the Defendant deceiving the victim as above and acquired 19,50,000 won from the victim, i.e., the 500,000 won, excluding the prior interest and 500,000 won.

B. On March 9, 2011, the Defendant, at the same place as indicated in the foregoing paragraph (a) by deceiving the victim M by deceiving the victim M, and then deceiving the victim M, 9.3 million won, deducting the interest of 700,000 won from the victim on March 9, 2011; and 9 million won, including the prior interest of 1,8.3 million won, imposed on the 24th of the same month, was remitted as the borrowed money, respectively.

3. The defrauded against the victim’sO shall be the victim.