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(영문) 인천지방법원 2015.05.14 2015고단1001
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 2013, the Defendant was a person operating a travel agency in the Philippines, and the victim C was able to store the friendship with the victim while making a tourist guide at the time of the victim C traveling.

At around 12:00 on July 11, 2013, the Defendant made a false statement to the effect that “The Defendant is going to work in the present peace tourr, and will make a reservation instead of the package tour goods that will be carried out by the travel agent on the deposit of travel expenses,” to the victim who intends to travel to Vietnam with 23 members of the friendship club at the E restaurant located in Suwon-si, Suwon-si, Suwon-si.

However, the defendant was not an employee of the peace and leisure event, and even if he received travel expenses from the victim, he was expected to use it as a separate business fund, or to use it as a travel expense for other customers (F) who promised to do so, so even if he received travel expenses from the victim, he did not have the intention or ability to make up for the travel goods for the victim.

Nevertheless, the Defendant received KRW 7.2 million from the victim for travel expenses, as the national bank account in the name of the Defendant’s wife (H), KRW 4.6 million from October 1, 2013, as the agricultural bank account in the name of the Defendant’s wife (F), and KRW 1,066,00 won from October 15, 2013 to the agricultural bank account in the name of single lusian (F), and KRW 1,066,00 won from October 15, 2013, respectively.

Accordingly, the Defendant, by deceiving the victim, received a total of 2,2460,000 won from the victim on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to written confirmation of electronic financial transfer;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] and the general fraud (less than KRW 100 million) and there is no basic area (six months to one year and six months) (special person) (the decision of sentence] (the decision of sentence), six months of imprisonment, two years of suspended sentence, and community service work.

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