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(영문) 서울중앙지방법원 2016.06.28 2016고단2088

사기등

Text

Defendant

A Imprisonment for three years, Defendant B's imprisonment for two years, Defendant C's imprisonment for one year and six months, Defendant D and E, respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the "O" (hereinafter referred to as the "Committee"), the chief of the office of the defendant B, the chief of the division of the defendant C, the defendant D 1 team leader, and the defendant E 2 team leader.

According to the Tourism Promotion Act, travel agencies for foreign tourists should have a person who has the qualification for interpretation and guide of tourists be engaged in tour guidance, so a person who intends to provide tourism guidance to foreign tourists shall obtain a certificate of qualification for "tourist interpreter and guide" issued by the Human Resources Development Service of Korea.

The Defendants, when there is a false certificate of the association of interpreters, etc. issued by the Defendants against those who did not obtain the certificate of “tourist interpreter guide” among the Chinese notes who want to provide foreign tourists with tourist interpretation guidance, had the intent to obtain the money from foreign tourists as if they could be lawfully able to provide tourist guidance.

1. Defendant A, Defendant B, and Defendant D’s joint crimes directed Defendant D to transfer money from the victims of tourist interpretation, guide, volunteer service, etc. to provide tourism information to foreign tourists. Defendant D may provide foreign tourists with tourist guidance in a restaurant where the trade name in the Yeongdeungpo-gu Seoul Metropolitan Government Dae-dong is unknown at the early November 2014.

“A false representation was made.”

However, the fact was that the tourism interpretation guide and volunteer certificate issued by the committee was not a certificate of qualification to provide tourism guidance to foreign tourists, and the certificate of the association of interpreters was a certificate under the name of the Korean association of interpreters.

The Defendants received KRW 10 million from the Victim P for issuance of “tourist and Interpretation Resource Service Certificate,” etc. in November 201, 2014 from the Victim P, including the Defendant’s receipt of KRW 10 million under the pretext of issuance of “tourist and Interpretation Resource Service Certificate,” etc.