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(영문) 의정부지방법원 고양지원 2018.11.28 2018고단239
사기등
Text

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

Reasons

Punishment of the crime

The defendant is a person who operates F Co., Ltd. F in the E office operated by the E Co., Ltd., which is a kind of friendly household in the Dong-gu Seoul Metropolitan City B building C.

1. On February 2017, the Defendant: (a) at the foregoing F Office, the F Office was in arrears with taxes; (b) the registration of tourism business in the name of the said Company was cancelled ex officio; and (c) the Defendant was willing to attract Chinese travels to Korea under the name of the said E Company operated by D.

On February 12, 2017, the defendant called "H hotel operated by the victim G" to the H hotel operated by the victim G, and let the employee I pay all the amount of use after one month if the hotel provides accommodation because there is a Chinese organization travel.

“The purpose of “ was to make a false statement.”

However, the defendant did not have relation to E Co., Ltd., and even if the F is paid travel expenses from Chinese tourists to F's account due to difficulties in operation, the F did not have the intent or ability to pay it to the victim.

Defendant deceiving the victim as above and obtained approximately KRW 32,705,00 from February 12, 2017 to March 1, 2017, board and lodging equivalent to KRW 32,705,00, as stated in the list of offenses committed by the victim.

2. Any person who intends to operate a travel business, tourist accommodation business, tourist-use facility business, or international conference business shall register with a competent authority.

Nevertheless, the Defendant did not register with the Goyang City Mayor from February 12, 2017 to March 1, 2017, and operated travel business in the name of E Co., Ltd.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each legal statement of the witness J, K, I, L, and M;

1. Each police statement made to J and M;

1. A certificate of registration of the F business operator and a certificate of default;

1. The investigation report (the confirmation report of the registration of the E(E) travel business, the receipt of the price by the Chinese travel business entity, and the travel revenue) applies to the law 1.

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