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(영문) 대구지방법원 2012.12.28 2012고단3475
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

【2012 Highest 3475】 The Defendant is a person who runs a travel business with the trade name of (main) D in Daegu Suwon-gu C.

On December 10, 2011, the Defendant made a false statement to the victim E, “The Defendant would make a promise to make a travel contract for the 12-day travel goods from the west-gu, Seosung-gu, Daegu Pungdong Home Pung-dong (Seoul).”

However, even if the Defendant received the travel expenses from the customers who entered into the travel contract in advance, the Defendant was running the travel brokerage business by using the so-called “frightening” type, which is appropriated for the travel expenses of the previous customers who first promised, so even if he receives the down payment from the victim, there is no guarantee that funds will be appropriated for the expenses of the travel requested by the victim in the future, and even if he receives the down payment from the victim, he did not have the intent

Accordingly, the Defendant, as seen above, by deceiving the victim, received KRW 12.5 million from the victim to the Defendant’s account as the down payment around December 27, 201.

【2012 Highest 5004, even if the Defendant received the travel expenses from the victims, it was thought that the Defendant would first use it for the travel expenses of other customers who promised to enter into the contract, and there was no surplus funds at the time, and the Defendant did not have the ability to provide the travel goods so that the victims may travel without delay due to the lack of the expenses, if he/she operates his/her business with so-called so-called “facing-type” due to the poor operation of the business.

1. On February 3, 2012, the Defendant stated that “The Defendant would allow the Victim F to make a trip without any interruption or interruption of the travel goods “Seong 79 days, Seo-gu, west-gu, 79 days” from the Lindoz in the Gindoz, which is not more than Daegu Northern District, to make it possible for the Victim F to make a trip under the Defendant’s name in the name of the Defendant.” The Defendant stated that “The Defendant would be allowed from the Victim F to make a trip under the Defendant’s name in the name of the Defendant.” The Defendant stated that the Defendant would be able to make a trip under the Defendant’s name in the name of the Defendant.

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