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(영문) 의정부지방법원 고양지원 2018.06.21 2018고단884
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C Around September 29, 2017, at the office E, an agent of Hanyang-gu, Youngdong-gu D1 (U.S.). Around September 29, 2017, at the request of the victim F, made a false statement that “on deposit of money from the victim F, he would send the two-day travel from November 8, 2017 to November 10, 2017.”

However, in fact C plans to prevent so-called return of travel expenses, such as not paying the travel expenses received from the contracting parties to the travel agency due to the aggravation of agency financial standing, and paying the money received from the damaged parties to the travel expenses, etc., and even if receiving the travel expenses from the injured party, C did not have the intent or ability to pay travel expenses to the travel agency promised with the injured party.

C by deceiving the victim as above, and deceiving the victim from the victim on September 29, 2017, the sum of KRW 3,080,000,000 on or around November 5, 2017, and KRW 3,080,000 on or around November 5, 2017, by means of one customer’s one transaction of travel goods (the name of goods: ATP1417105TC) to the virtual account of a national bank related to settlement.

Although the Defendant was aware of the fact that C was committing the crime of fraud preventing a return as above, the Defendant introduced the Defendant’s goods (the name of the goods: JP50171087CK) for 3 days of gambling to assist the Defendant, and provided the victim with information on the virtual accounts related to the settlement of travel goods by other customers designated by C, thereby facilitating C’s fraud against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a certificate of transfer confirmation, travel contract, and each investigation report (a confirmation of the person who uses the virtual account in the virtual account, filing of reference data - Kakao Stockholm dialogue with suspect C)

1. Article 347(1) and Article 32(1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Article 32(2) of the Criminal Act for mitigation of aiding and abetting.

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