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(영문) 창원지방법원 통영지원 2013.08.28 2012고단1202
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On July 27, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Intimidation against groups, deadly weapons, etc.) in the Changwon District Court’s territorial branch on July 27, 201, and the judgment became final and conclusive on November 17, 2012.

2. Even if the Defendant received travel expenses from the victim C and 21 persons, he/she did not have the intent and ability to make up for airline tickets and transportation convenience, accommodation services, or to pay travel expenses, etc., so that the victims may travel from August 4, 2012 to Turkey and the lease. Despite the fact that most of the travel expenses received from the victims was scheduled to be used for the purpose of paying personal debts of the victims, the Defendant, on March 4, 2012, received a request from the victim C to the Turkey and its lease services from August 4, 2012 to the 12th day of the same month, and then arranged for the travel goods after being requested to arrange for the travel of the victims from the victims during the period of travel from August 4, 2012 to August 12, 2012 to 200,0000 won, and concluded the travel contract with the victim during the period of travel from August 12, 2012 to 201.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. To make an investigation report by telephone for reference;

1. Overseas travel contract, event cable, mailbook for reservation of air tickets, copy of national bank passbook, statement of deposit transactions in agricultural cooperatives, copy of agricultural bank passbook, document of overseas travel event contract in 2012, copy of handbook, and statement of transactions in hand passbook; and

1. A complaint;

1. Report: Application of Acts and subordinate statutes to inquiry reports, such as criminal records, etc., amounts of dispositions, and reporting results of confirmation;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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