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(영문) 서울중앙지방법원 2017.04.20 2016고단8592
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

The defendant operated a travelr with the trade name of "AD" in Gangnam-gu Seoul Metropolitan Government C Building 801.

1. The Defendant against the victim E by phone calls from the victim E, who run a stock company F around March 9, 2016, and “from April 25, 2016.”

4. From the starting point of Incheon to the end of September 29, 200, the right of 45 seat seated seats for the Asian aviation was promised with respect to the case of a request for the reservation of air tickets to 45 group travelers from Incheon Thailand, Incheon City from the departure of Thailand, and group travelers.

The purpose of “the remittance of down payment and balance” was false.

However, even if the Defendant received money from the injured party for the purpose of payment, such as the reservation of airline tickets, he did not intend to purchase the airline tickets and use the money for the local above-ground expenses, etc., and was thought to use the money as the wages of employees working for the Defendant company, office rents, and the purchase price for the airline tickets by other travel agencies, so there was no intention or ability to make a reservation of the seat of the organization

Nevertheless, the Defendant deceivings the victim as if the purchase of the above group airline tickets was promised, and received KRW 5 million from the injured party to the account (H) bank account in the name of the Bank of Korea, which is located in the name of the Bank of Korea, around March 10, 2016. On March 16, 2016, the Defendant was transferred KRW 10 million to the same account under the name of the balance of airline tickets, etc.

Accordingly, the defendant deceivings the victim, and he defrauds the total of KRW 16 million from the victim.

2. The Defendant against the victim I, on March 10, 2016, contacted the victim I, who operates the JA, a corporation around March 10, 2016, by telephone, and “from April 14, 2016.”

4. Until July 17, an organization’s seat was promised with respect to the case of request for reservation, etc. of airline tickets against 16 group travelers.

A false statement was made that “The transfer of pre-contracts and balance” was made.

However, even if the defendant receives the advance payment and balance from the injured party, he shall also receive the advance payment and balance.

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