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(영문) 서울중앙지방법원 2018.12.13 2018고단3413
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Basic Facts] The Defendant is a person operating B (hereinafter “B”) as an overseas travel intermediary business entity, and C (hereinafter “C”) as the victimized person is a travel business entity. Around August 14, 2014, the victim entered into a travel contract with D, an incorporated association, for “F” for its members. Around August 26, 2014, the victim re-established the so-called “Fland Contract” for managing the local schedule of B and the above overseas travel. The main contents of the Grand Contract were ① (i) the Incheon Airport LA Airport from the point of origin; (ii) the response to the arrival of the LA Incheon Airport from the U.S. Airport from the U.S. Airport to the point of preparation for the injured person; and (iii) the victim is in charge of the victim’s individual travel, and (iv) the cost of deposit of the victim’s account, etc. to the passenger’s account; and

[Criminal facts]

1. Around that time, the Defendant was running another business in China while running B. However, when the operating expenses and funds necessary for the Chinese business were insufficient, the Defendant was in fact not able to immediately proceed with the reservation of a local hotel and airline ticket overseas pursuant to the said Grand Contract. However, as soon as the Defendant was running, he was willing to receive funds from the victim.

Accordingly, the Defendant, at the B office located in Seocho-gu Seoul Metropolitan Government around August 29, 2014, submitted documents for the estimation of the local hotel abroad to the employees of the victim, must immediately proceed with the local hotel reservation.

“The cost of towing” and “the cost of towing is necessary.”

“A false statement” was made.

However, the defendant did not proceed with the reservation of hotel overseas at the time, and the situation was urgently needed such as B operating expenses and Chinese business funds, so even if receiving funds from the injured party, it is actually a local hotel overseas.

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