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(영문) 대구지방법원 김천지원 2019.07.23 2019고단188
사기
Text

A defendant shall be punished by imprisonment for one year.

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

[Judgment of the court below] The Defendant is a person who operated the travel agency of the “(State)C” (hereinafter “the above travel agency”) located in Gyeongcheon-si, Kim Jong-si (hereinafter “the above travel agency”) with D, from December 2, 2011 to August 22, 2017.

D is a person in de facto marital relationship with the defendant from around 2013, and the actual representative of the above travel agency.

A victim E (the age of 51) is a customer who entered into a contract on January 24, 2017 with the above female event and the North Europe cruise tour (22 persons, from May 10, 2017 to May 20, 2017, 6 countries, 11,000 won for total travel, and 118,800,000 won) and paid the price in full.

【Criminal Facts】

From around 2016, the Defendant and D operated the travel agency in the so-called “fluoring” method which repeats the payment of the travel expenses to the existing customers due to the lack of money to pay the travel expenses that D received from the customers as Internet gambling money, and the travel expenses that D had to pay for the implementation of the travel contract or refund with the existing customers were caused to KRW 0,000.

Therefore, the defendant and D attempted to acquire money from the victim by making false statements as if there was no problem of the right of aviation for the victim, or by making false statements as if they had not been paid the full travel amount from the customers even though they had not been paid.

1. Around May 8, 2017, the Defendant: (a) contacted the victim at a place where it is impossible to know on May 8, 2017; and (b) contacted the victim, “The fact was not the victim’s right to have an airline tour ticket issued; (c) the Defendant is unable to pay the airline ticket cost without paying the airline ticket cost; (d) the Defendant would pay the airline ticket amount on behalf of the airline and pay the travel immediately after returning to the Republic of Korea; and (e) D would enter the certificate of borrowing on the date of arrival in the text message.

(b) loan;

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