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(영문) 창원지방법원 통영지원 2014.06.27 2014고단4
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than eight months for each of the crimes set forth in the ruling No. 2 and 3.

Reasons

Punishment of the crime

1. On September 28, 2012, around 14:30 on September 28, 2012, the criminal defendant against the victim C made a false statement to the victim C that “I would make a reservation of the airline tickets, accommodation facilities, etc. necessary for the travel of Thailand, if I would like to deposit the travel expenses required for the travel of Thailand in preparation for the establishment of a new business with the president of the D travel agency, and deposit the travel expenses required for the travel of Thailand.”

However, the defendant thought that he will use the above money to repay personal debt to E, F, G, etc., and even if he received travel-related expenses from the victim, he did not intend to use it for airline tickets and accommodation reservations.

Nevertheless, as seen above, the Defendant, by deceiving the victim and deceiving him/her as the down payment on September 28, 2012, obtained 500,000 won from the victim as the down payment, 200,000 won as the intermediate payment on October 4, 2012, and 60,000 won as the remainder payment on November 28, 2012, from the Defendant’s agricultural bank account under the name of the Defendant.

2. The Defendant against the victim H was a person who was working concurrently as a partner or employee in the “D” management of the victim H.

Around 13:00 on June 18, 2013, the Defendant made a false statement to the Defendant’s house located in the name of 701 of the Gyeongsung-gun International Building 1, Gosung-gun, Kim Sung-gun, stating that “The travel agent is a travel agent who is able to purchase the tickets to return to and from the Pket, and he remitted the money to the J account (K) to purchase the tickets.”

However, in fact, the above account was thought to receive the above money as a personal account as the defendant's personal account and to repay the debt to the defendant's personal creditors such as L.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received from the victim each transfer of KRW 4.75 million on June 18, 2013, KRW 3940,000 on June 2013, and KRW 750,000 on July 11, 2013.

3. The injured party J.

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