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(영문) 서울남부지방법원 2017.11.22 2017고단1575
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around October 206 to October 20, 2014, operated a travelr with the trade name “D” in Article 3415-1 of the Yangcheon-gu Seoul Metropolitan Government Building C, and on March 19, 2015, was sentenced to six months of imprisonment with prison labor at the Seoul Southern District Court for fraud, and the said judgment became final and conclusive on March 27, 2015.

1. On September 12, 2014, the Defendant made a false statement to the effect that “The Defendant would send Turkey travel departing from the police officer on December 2, 2014, on deposit of the amount equivalent to KRW 10,80,000,00 in the face of deposit of KRW 10,80,000 from the victim’s family travel goods,” in receiving a request from the victim B to do so.

However, in fact, since from January 2014, the Defendant operated a travel agency by the method of preventing the so-called return of the customer's travel goods which had been promised prior to the receipt of the down payment by another customer, and the travel agency was not operated at all times in the process, and there was a situation where the travel agency's operation was not properly settled, so there was no reason to use the money received from the injured party as the purchase of the goods or the refund payment for the travel goods by the previous customer, so even if he receives the money as the travel goods price from the injured party, there was no intention or ability to send Turkey travel on the date

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the sum of KRW 10,80,000 from the Defendant’s bank account in the name of the Defendant on September 12, 2014, KRW 4.4 million around September 15, 2014, KRW 1.6 million around the same month, and KRW 4.8 million around the same month, respectively, from the victim to the Defendant’s bank account in the name of the Defendant for travel goods.

2. On June 8, 2014, the Defendant: (a) received the introduction of Turkey B from the Defendant, and intended to sell the Turkey travel goods from around October 9, 2014 to the employees of the victim; (b) but was not able to purchase the airline tickets for the same reason as described in paragraph (1); (c) on October 8, 2014, contact the victim with the victim at an irregular place and settled the amount of KRW 1,820,40 on behalf of the Defendant.

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