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(영문) 대구지방법원김천지원 2020.09.16 2020고단372
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall obtain money from B who is the applicant for compensation, 2,800,000 won, and D who is the applicant for compensation.

Reasons

Punishment of the crime

The Defendant is a person who, from April 2017, has run a travel intermediary business with the trade name of H in the 2nd G in the Gyeongcheon-si Kimcheon-si, Kimcheon-si from around 2017.

1. The Defendant committed the crime against the victim E did not have any intent or ability to pay the amount even if the Defendant received the travel expenses from the travel company due to the shortage of operating funds of the said travel company, and paid the obligations of the existing office, or returned the travel expenses from the other customers. Thus, the Defendant did not have any intent or ability to pay the amount even if the Defendant received in advance the services or expenses for the travel of Jeju-do from the victims E running the I at Jeju City.

On March 5, 2018, the Defendant made a false statement to the victim at the H office, stating that “The Defendant would pay in advance the vehicle and news price for six tourists who want to travel from May 5, 2018 to May 7, 2018, to Jeju-do, and pay in advance the price that is terminated on the face of the week,” from May 5 to May 7, 2018.

As above, the Defendant, by deceiving the victim, was provided with the 50,000 won in total at the market price from May 5, 2018 to July of the same month by the victim, but did not pay the 500,000 won in total, thereby acquiring property profits equivalent to the 500,000 won in total.

B. On March 2018, the Defendant made a false statement to the victim at the same place, stating that “The Defendant would pay in advance the price for airline tickets, accommodation expenses, vehicles, etc. to seven tourists who wish to go to Jeju-do for two and three days from May 25, 2018 to May 27, 2018, and that the travelling will end on the face of the week.”

As above, the Defendant: (a) by deceiving the victim; (b) from May 25, 2018 to May 27, 2018, the Defendant was provided with airline tickets equivalent to the market price of KRW 3,164,700 from May 25, 2018; and (c) did not pay the amount, thereby acquiring pecuniary benefits equivalent to the said amount.

2. The Defendant commits a crime against travel agency customers.

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