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Reasons
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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1333
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 6.8 million won to the applicant by fraud.

Reasons

Punishment of the crime

From February 12, 2010 to September 2015, the Defendant: (a) from around February 12, 2010 to around September 2015, the sales agent of the Gu-U.S. E (State) E (State) to take charge of the duties of attracting customers and entering into a travel contract.

On February 10, 2015, the Defendant sent the Paris and Italian trip from October 18, 2015 to the victim G, when paying KRW 5,20,000 to the victim G at the above (State) office around February 10, 2015.

“A false representation was made.”

However, the Defendant had a debt of KRW 30 million at the time, and from May 2012, the Defendant had been engaged in business in a manner of attracting new customers under the accumulated condition when he sold travel goods at discount to invite customers, and using the money to cover the travel expenses of the customers who entered into the contract prior to the accumulation, and thus, the Defendant did not have the intent or ability to send the travel according to the agreement, only because he thought that the money received from the said victim was appropriated for the travel expenses of other customers and the Defendant’s living expenses scheduled to start the travel at that time, and there was no intention or ability to send the travel.

The Defendant included 29-1 in the year No. 29 and No. 30 as indicated in the annexed Crime List from the date of the transfer of KRW 5,200,00 to the Defendant’s account in the name of the same day for the same day from the victim to September 14, 2015, “2.6.22, in the year from June 22, 2015, in the year from the date of the transfer, the Defendant inserted 5,200,000 won to the Defendant’s account in the name of the same day” and “2.6.22, in the year from June 22, 2015, in the year from the date of the transfer to September 14, 2015.”

In 79 times in total, 346,476,80 won was remitted in the same way as travel money from victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made to H, I, J, K, L, M, C, N,O, P, Q, R, T, U, V, W, X, Y, Z, AA, AB, and AC;

1. AD, AE, AF, AG, AH, AI, AJ, AK's statement, and AL's complaint;

1. An investigation report (including accompanying materials), the details of account transactions in the name of each suspect (AM,N) and AO (AO).

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