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(영문) 대전지방법원 2013.09.27 2013고단968
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On May 8, 2012, the Defendant closed down a travel agency called “D” as a financial crisis.

On August 2012, when the Defendant is operating a travelr at the Samsung F Branch Office in the Hanam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant sent a phone call to the victim G (M, 29 years old) who has been living in a new-mixed tour through the Defendant, and “if there are five persons already recruited in the Republic of Korea, ten persons may move at a low price in detail in the Churma, and thus, the Defendant may advance the travel cost.”

Although the Defendant had already closed down a travel agency and was unable to arrange for detailed travel to the victim G, the Defendant did not have the intent and ability to arrange for detailed travel to the victim G. However, as at the time, the debentures and bank loans amount to approximately KRW 48 million per month and to pay KRW 200-3 million per month, the Defendant made a false statement as above, and he received KRW 3,080,000 from the victim G to the Defendant’s new cooperation account under the name of the Defendant and received it by transfer from the victim G to November 20, 2012, and acquired it by fraud until November 20, 2012, as shown in the separate crime list, as if it could be 31,748,000 won for a total of six times as travel expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to HIJK;

1. Each statement of LGMCN;

1. Application of Acts and subordinate statutes on internal investigation reports (Attachment of details of accounts of internal investigation persons), investigation reports (Attachment of details of settlement of O card);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Dismissal of Orders for Compensation (not clear of the scope of liability for compensation) [Incompetence] a sentence of imprisonment without prison labor.

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