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(영문) 대전지방법원 2017.11.30 2017고단1479
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant received 10 persons, 290,00 won for the Chinese funeral travel between September 14, 2016 and April 5, 2016 from the Victim C, and made a false statement to the effect that the Defendant would transfer money in advance in order to honor the airline tickets, etc., while the Defendant received 10 persons, 290,000 won for the Chinese funeral travel.

However, even if the defendant receives ten travel expenses from the victim C, D, E, F, G, H, I, J, K, and L, the defendant did not have any intent or ability to perform the family travel contract with the victims, since he did not have any intention or ability to perform the contract, since he did not receive ten travel expenses from the victim C, D, E, F, H, I, K, K, and L.

As such, the Defendant deceivings the victims, and its deceivings to the M&A bank account operated by the Defendant from the victims, 6.9 million won as a down payment on March 31, 2016, and the same year.

6. 30. 4.5 million won as an intermediate payment, and the same year.

7. The payment was made 1.5 million won in the name of the balance.

Accordingly, the defendant acquired the total travel amount of KRW 12.9 million from the victims three times in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Each protocol of suspect examination of the police against the accused (No. 13, 15 No. 13);

1. A complaint: A travel contract, a certificate of deposit confirmation, and details of letters;

1. In the investigation report (in the judgment of the defendant and his/her defense counsel), the defendant recognized that he/she was unable to perform the travel contract to the victims by receiving the amount of money as stated in the facts charged from the victims at the time stated in the facts charged, but there was no intention to defraud the defendant at the time stated in the facts charged.

The argument is asserted.

The defendant's deception, the defendant's credit and financial standing before and after the crime (the defendant was living together before and after the crime in this case) revealed by the evidence duly adopted and investigated by the court.

O with money given to the defendant.

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