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(영문) 대전지방법원 2018.07.11 2017고단2260 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2016, the Defendant stated that “Around 12:00, the middle group 2260 of 2017, the Defendant, at a restaurant that is not aware of the trade name in the South Korean Industrial Complex located in the middle group of Gwangju-si, Gwangju-si, he/she would arrange for a travel by arranging the travel at low expenses for four nights from August 11, 2016 to five days from August 15, 2016, with a plan to travel through red bean, Makao, and China at a five-day folklore, including the victim C, to five days from August 11, 2016.”

However, although the defendant is operating a travel agency, even if he received the travel expenses from the victims due to the lack of the travel expenses of the front travel team due to the business accident at the time, he did not have the intention or ability to arrange overseas travel of the victims.

Around 14:23 on April 27, 2016, the Defendant: (a) by deceiving the victims as above; (b) received down payment of KRW 11,392,200 from the corporate bank account (E) in the name of the Defendant; and (c) around that time, the Defendant received KRW 27,29,800 in total for overseas travel expenses from the victims seven times during the period from July 22, 2016, as shown in the annexed crime list.

"2017 Highest 3926"

1. On April 2016, the Defendant made a false statement to the effect that “H” convenience store operated by the victim G in Gangdong-gu Seoul, 2016, the Defendant distributed information on tourism of Chinese household to nine persons, including the victim G, who are members of the same friendship group, and then arranged the funeral travel for four and five days from September 14, 2016 to September 18, 2016, the year from September 14, 2016, 201,” and the cost of which is KRW 1.8 million per person.”

However, the fact was only the intention of the defendant to use the defendant's living expenses, personal debt repayment, etc. in return for the travel expenses from the victims, and there was no intention or ability to arrange the household travel to the victims.

Nevertheless, the defendant deceivings the victims as above and deceivings them to the corporate bank account in the name of the defendant on April 12, 2016.

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