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(영문) 서울동부지방법원 2013.08.08 2013고단340
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

1,700,000 won is paid to D who is an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

The Defendant was employed as a travel agent on December 1984, and around September 1997, the Defendant established a company called “E travel agent”, but due to the enemy’s operation, the Defendant was a bad credit holder from November 1997.

On August 201, the Defendant concluded that “The Defendant would send a trip of KRW 2 million per person at a non-specing place in the middle of August 2011,” to the Victim F at a non-specing place.

However, even if the defendant receives travel expenses from the victim, he/she did not have the intention or ability to send a sexual travel.

Nevertheless, the Defendant, as seen above, received total of KRW 157,761,800 from the victim from July 22, 2011 to July 6, 2012, as indicated in the attached Table of Crimes, including deceiving the victim and being delivered KRW 2 million from the victim, as well as being delivered by the victim on August 18, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. The entry of the defendant in G in the protocol of interrogation of the prosecution of September 28, 2012 against the defendant;

1. Each police statement made to H, F, G, I, J, C, and K;

1. Each written statement of L, M and G;

1. Application of Acts and subordinate statutes to each written complaint, each duplicate of passbook, a detailed statement of entry and withdrawal transactions, and a certificate of deposit transaction performance;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. The reason for sentencing of Article 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits Rejecting the Compensation Order (the decision of type) [the decision of type] frauds, the amount of more than KRW 100 million, less than KRW 500 million [special-purposes] - In a case where a fraudulent act is committed with willful negligence in the mitigation element or where the degree of deceptive act is weak, an unspecified or large number of victims.

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