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(영문) 광주지방법원 2015.03.25 2015고단440
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant, while operating a travel agent in Gwangju-gu with the trade name “D” in Gwangju-gu, was completely taken over from June 2014, and operated the travel agent by changing the trade name to “E”.

Around June 28, 2014, the Defendant made a false statement to the effect that “If the Defendant paid KRW 2.4 million to the victim F, including the air freight, lodging, meals, home-to-face balance, travel insurance, etc. in total, the travel schedule from February 8, 2015 to February 12, 2015, the Defendant would proceed to the Gu-to-door tour from February 8, 2015 to February 12, 2015.”

However, since April 2014, E operated as D’s trade name, business performance sharply drops due to the waves of “the sinking of the Sewol ferry,” and thus, E was unable to operate without being so-called “frighting” covering the costs of aircraft fares, etc. of customers previously contracted with the travel expenses received from a new customer.

around June 2014, the Defendant had been unable to lend KRW 50 million to the extent that it maintains the travel history, under the circumstance that the Defendant already bears the obligation of KRW 20 million through KRW 30 million.

After all, the defendant did not have the ability to proceed with the agreed travel schedule even if he received the travel expense from the victim FIC, and it was thought that the defendant would approve the flight fare of other customers who are imminent to the travel schedule.

Nevertheless, around June 28, 2014, the Defendant received KRW 10,000 as the victim’s Flame deposit, and received KRW 1.4 million as the aircraft fare around September 11, 2014, from that time to December 1, 2014, and received KRW 1,400,000 from the victims on 15 occasions, as indicated in the attached list of crimes, from that time until December 1, 2014, “1,00,000,” which was received on December 19, 2014, appears to be a clerical error of “1,00,000,000”, as indicated in the attached list of crimes committed in the list of crimes.

In addition, “47,415,500 won” seems to be a clerical error in “46,415,500 won.”

the travel expenses.

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