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(영문) 대전지방법원 2020.11.13 2020고단2029
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates a travel agency called “B”.

On August 2018, the Defendant made a false statement to the effect that “F, G, and B are partner companies.” On the other hand, the Defendant would send European cruise travel without a mold if 17.6 million won is internalized due to down payment, intermediate payment, balance, etc.” to the victim E, who reported and contacted the above advertisement.

However, the defendant did not have the intent or ability to provide the EU cruise tour service to the victim even if he received the travel expenses from the customers in the financial state at the time, and used the advertising fees, other customers' travel expenses, etc. to C, and receives the so-called "frightness" from the victim.

As such, the Defendant, by deceiving the victim, and deceiving him/her as such, KRW 4 million as a down payment around October 19, 2018 from the victim, and KRW 8 million as an intermediate payment around February 15, 2019, and the same year.

3. 20,000 won was transferred in total to the Agricultural Cooperative (H) Account under the name of the Defendant as a balance, and received 17,66 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of victim E;

1. Statement and image of each investigation report and documentary evidence attached thereto;

1. Application of Acts and subordinate statutes governing filing of a complaint, detailed statement of deposit transactions, current status of reservation, full certificate of registered matters, calendars, and certificate of confirmation of details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) is very bad in the process of the instant crime, the method of the instant crime is poor, the target of the crime is also an unspecified victim, the amount of fraud is also relatively high, and the liability for the crime is too large, but the victim is too large, the victim is able to take into account the circumstances favorable to the defendant, such as the fact that there is no record of the same kind of crime, and the amount of fraud is too large

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