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(영문) 창원지방법원 마산지원 2017.01.25 2016고단1061
사기
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a person who operates D Co., Ltd. (hereinafter referred to as “D”) with a travel-related private person in Changwon-si, Changwon-si C.

1. Fraud to victims E;

A. On September 2014, the Defendant would allow the victim, who is the representative of the F club, consisting of 24 persons, such as the victim E, to travel expenses of KRW 27,60,000 per travel expense for 24 persons, each of which is KRW 1,50,000 per travel expense, from May 2, 2015 to May 6, 2015.

“A false representation was made.”

However, in fact, the Defendant had no other property and had difficulty in operating a travel agency, or had been operating so-called a so-called refund prevention by using the money received from a new travel contract to cover the existing travel expenses. Even if he/she received money from the injured party, he/she did not have the intent or ability to provide the said club members with Vietnam travel normally according to the scheduled schedule, including the injured party, because he/she first thought to use the money to repay the existing debt.

Even so, the Defendant: (a) by deceiving the victim as above; (b) obtained a total of KRW 27.6 million from the victim, including KRW 10 million around September 24, 2014; (c) KRW 6.75 million around October 2, 2014; (d) KRW 3 million around February 16, 2015; (e) KRW 2.5 million around March 17, 2015; and (e) KRW 5.35 million around April 1, 2015.

B. The Defendant, around May 1, 2015, prior to the date of departure from the Republic of Korea of the victim E, should make a new reservation to the victim on the AVA due to the circumstances of the Vietnam airline.

I wish to borrow only KRW 18 million to be used for the reservation of air tickets. I wish to pay back immediately after the travel is completed.

“A false representation was made.”

However, in fact, the defendant has the wind to use the amount of KRW 14.1 million out of the travel expenses remitted from the victim for the repayment of existing debts, and the defendant has the money to settle the airline tickets again, including the victim, with the cancellation of the towing ticket for the members of the above club.

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