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(영문) 서울서부지방법원 2019.10.31 2018고단4311
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

The defendant is the representative of the travel agency of Mapo-gu Seoul Metropolitan Government Bank Co., Ltd.

On August 2018, the Defendant concluded a contract with the Seocho-gu Seoul E-building (hereinafter “Seoul E-building”) for the Vietnam-type tour goods with the amount of three-five hours from October 17, 2018 to October 21, 2018, the total adult 18,100,000 won per capita. However, the Defendant was unable to pay wages to its employees at the time, and even if he did not receive money from the victims due to the lack of financial standing such as lending under the name of its employees, the Defendant did not have any intent or ability to implement the said contract. The Defendant was released from the victim’s 2-type tour on August 17, 2018 to the Seoul 2-type toured the amount of KRW 18,00,000 for the total amount of KRW 7,00,000,000,000 for KRW 18,000,000,000 from the victim’s account to the 2-type tour goods account.

However, the Defendant was unable to pay wages to employees at the time, and even if he received money from victims due to poor financial standing such as operating the company with loans under the name of employees, he did not have the intent or ability to perform the said contract, since he did not have any intention or ability to use it as corporate operating funds.

The defendant deceivings the victim as such.

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