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(영문) 대구지방법원 2019.02.14 2018고단4570
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operates the “C travelr” on the 5th floor of Daegu Dong-gu B building.

Victim D is the head of E Daegu branch office in the fourth floor of the above building.

1. Around September 2017, the Defendant made a false statement that “If the Defendant sent the flight ticket value to D, he/she will have the flight ticket value to D, he/she will have the right to receive the flight ticket from December 6, 2017 to December 10, 2017, from December 6, 2017 to December 10, 2017.”

However, the Defendant had been responsible for the obligation from around 2016 to KRW 000,00, and had been operating the travel agency in the so-called “fluoring” way to pay the travel expenses from the customers at the time. Since the Defendant was planned to use the money transferred from the victims for the purpose of repaying the existing personal debt, there was no intention or ability to use the money in exercising the right to use the right to use the pyropy, even if it was intended to receive money from the victims.

Ultimately, the Defendant deceivingd D as above and received a total of KRW 19,896,760 from September 28, 2017 to December 4, 2017 as the price for aviation tickets from the victim E, a corporation, etc.

2. On November 24, 2017, the Defendant: (a) called “around November 24, 2017, the Defendant shall pay the down payment to the victim D, by phoneing to the victim D, for the purpose of concluding a contract by wrong designation of the travel schedule; (b) in order to conclude a contract again; (c) the Defendant shall first pay the down payment until December 5, 2017, prior to departure, if he transfers KRW 4,500,000.”

However, the Defendant did not cancel the travel schedule by wrong designation and re-contract, and the Defendant was planned to use the money received from the victim to pay the existing debt by handling the contract with other customers, and thus, the Defendant is entitled to receive the money from the victim.

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