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(영문) 서울동부지방법원 2019.01.30 2018고단2549
사기
Text

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

Reasons

Criminal facts

The defendant is the representative of the LAB and is in charge of the business and the management of the entrance fee, and C was in charge of the business and the reservation of airline tickets as the director of the LAB.

Around February 27, 2018, the Defendant and C made a false statement to the effect that the victim E is requested to purchase Chapter 22 air tickets in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Office for the Development Bank of Disputes, and that on March 5, 2018, the Defendant and C would purchase the air tickets if they send the price to the victim.

However, in fact, even if the defendants received the purchase price for airline tickets from the victim because the management deficit of the above travel agency is not good due to accumulated financial standing, they thought that they would be used for other purposes, such as purchase of airline tickets by other customers, office operation expenses, etc., and there was no intention or ability to purchase airline tickets by the victim.

The defendant and C conspired with the victim to obtain the sum of KRW 8,00,000,000, and KRW 22,000,000,000 from March 12, 2018, and KRW 10,537,200 from March 15, 2018, and KRW 40,537,200 from the victim's bank account in the name of the Financial Bank Co., Ltd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of E-Statement Acts and subordinate statutes;

1. The punishment of this case is required for a considerable period of time in consideration of the main elements, such as the fact that the instant case was committed (239 pages and the decision of non-prosecution) with well-known knowledge that the damage amount for the reason of sentencing under Articles 347(1) and 30 of the Criminal Act, the fact that there was no recovery, and the fact that there was no compensation and agreement for the same kind of case, thereby resulting in a crime of fraud.

The defendant is also bound by the sentence of a sentence in that the defendant, who is an accomplice, had been present at the public trial and the case was escaped after the additional indictment, is also likely to escape by the sentence of a sentence, and his/her residence is unstable by being left away from his/her family and temporary house.

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