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Reasons
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(영문) 부산지방법원 동부지원 2012.12.13 2012고단3364
사기등
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1. The defendant shall be punished by imprisonment for eight months;

2. The Defendant is an applicant for compensation, who is an applicant for compensation, with the amount of KRW 579,00,000.

Reasons

Punishment of the crime

[2012 Highest 3364] The defendant was a person who operated a tourr with the trade name of Busan Southern-gu F (State).

1. Fraud;

A. On September 20, 2010, the Defendant made a false statement to the effect that “The Defendant would send KRW 237,000 per person a day-to-day trip from Busan to 237,000 from January 1, 201 to the victim H, who is an employee of the Republic of Korea, at the Busan Southern-gu Office of Government (State).”

However, the facts are that the defendant had business difficulties due to the aggravation of the financial situation at the time, and even if having received travel expenses, he did not have the intention or ability to send the travel according to the above agreement.

Accordingly, the Defendant, as such, by deceiving the victim, received KRW 2,00,000 from the victim as travel expenses around September 24, 2010, KRW 2,500,000 around December 10, 2010, KRW 21,89,000 around December 21, 2010, and KRW 848,000 around December 29, 2010, respectively.

B. On October 2010, the Defendant made a false statement to the effect that “The 180 employee of the National Pension Management Corporation would be KRW 2,40,000,000,000,000 to the airline as the down payment,” and that “The Defendant would be paid KRW 35,000,000 after the contract formation if he/she borrowed money.” The Defendant made a false statement to the effect that “The 180 employee of the National Pension Management Corporation would be paid out of KRW 2,40,000,000,000,000 to 35,000,000,000,000,000,000 won.”

However, the defendant did not have the above travel contract with the National Pension Management Corporation, and did not have the intent or ability to repay it to the victim.

Accordingly, the Defendant, by deceiving the victim as such, received from the victim a delivery of KRW 30 million around November 15, 2010 as the borrowed money.

C. On October 20, 2010, the Defendant made a false statement to the effect that “The Defendant will send 2-day family travel departing from Busan Island as of February 4, 2011 to the victim J as of February 4, 2011.”

(b).

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