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(영문) 서울동부지방법원 2018.07.04 2018고단1043

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant, around May 24, 2017, runs a cultural experience by visiting the scenic spots at the Internet site (F) operated by the Defendant in the third floor D 357 of the building in Gwangjin-gu Seoul Special Metropolitan City around May 24, 2017.

A person subject to cultural experience is entitled to recruit and contact with the victim G who reported and contacted the advertisement, and “To send a campaign for visiting and visiting the Sagle on August 4, 2017, i.e., transferring the cost of camping to the victim G.

“A false statement” was made.

However, the above volunteer group operated by the defendant at the time was closed due to tax in arrears, and the previous camp did not go to KRW 45 million, and even if the defendant received money from the damaged party due to no particular property or income at the time, it was thought that it would be used as refund money to other participants, office operation expenses, etc., and there was no intention or ability to proceed with the victim's participation in the camp.

As such, the Defendant, by deceiving the victim, received KRW 4.3 million from that time to July 20, 2017, from the time when he received transfer of KRW 4.3 million from the national bank account (I) in the name of the Defendant, an incorporated association, which was used by the Defendant on the same day from the victim, and acquired the total amount of KRW 25 million from the victims as shown in the list of crimes in the attached crimes.

2. Although the Defendant recruited participants with the intent and ability to proceed with each of the instant campings, the Defendant revoked the camping because the minimum number of people to proceed with the camping is not recruited.

Accordingly, although the defendant tried to refund the cost of participation to the victims, it is not possible to recognize the criminal intent of deception or deception stated in the facts charged by the defendant.

3. When the defendant recruited participants in each of the campaigns of this case, financial standing has significantly deteriorated, and the cost of the victims' participation has been different participants.