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(영문) 인천지방법원 2017.04.26 2016고단7429
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 1, 2016, the Defendant entered into a contract between the victim E and 12 persons, including the victim, to travel abroad from June 4, 2016 to June 7, 2016. The Defendant entered into a contract with the Hong Congo, China, and Makao, where the 12 persons, including the victim, work at the D office located in the Nam-gu Incheon Metropolitan City, Nam-gu C and 201.

However, in fact, the defendant was paid to use his monthly income for the cost of living, and even if he receives the travel expenses from the injured party because the refund money for the cancellation of the travel of other customers and the payment for the travel expenses from other customers, he was merely willing to use the above travel expenses for the refund money deposited in the past and the payment for the transaction company, and there was no intention or ability to use them for the overseas travel expenses of the injured party.

Around April 1, 2016, the Defendant deceiving the victim as above and transferred KRW 15,480,000 to the Saemaul Treasury Account in the name of the Defendant to the victim.

Accordingly, the defendant was given property by deceiving the victim.

"2016 Highest 8932"

1. On January 5, 2016, the Defendant sold the victim F, G, H, and I’s goods to the victim F, G, H, and I at the office of the Seoul Southern-gu, Incheon Metropolitan Government D & D Co., Ltd. (201) around January 5, 2016.

When paying travel expenses, a travel contract was concluded by making a false statement to the effect that it would act on behalf of the party, such as reservation of aircraft, accommodation, etc. for a travel schedule.

However, the Defendant did not have any special property, and the monthly income was not specified, and the refund money for the cancellation of the travel of other customers and the payment for the travel expenses to other customers, even if he received money from the victims for the purpose of travel expenses, it was thought that the above travel expenses were used for the refund money and the payment for the transaction companies, so there was no intention or ability to make a reservation for aircraft, accommodation, etc. by proxy with the overseas travel expenses of the victims.

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