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(영문) 서울중앙지방법원 2017.11.30 2017고단1003
사기
Text

Defendant’s 2017 order 2003 order 1003 order ; Defendant’s 201 order 5401, 2017 order 7409 order ;

Reasons

Punishment of the crime

[criminal records] On June 11, 2008, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and completed the enforcement of the sentence at the Seoul Western District Court on November 7, 2008. On February 1, 2012, the Seoul Western District Court sentenced the Defendant to one year and four months of imprisonment for occupational embezzlement, etc., and the judgment became final and conclusive on May 4, 2012. On March 14, 2013, the execution of the sentence was completed at the Ansan Prison.

[2017 Highest 1003] The Defendant operated “E” travel agencies and F” travel agencies on the five floors of Seodaemun-gu Seoul Metropolitan Government D Building, and assisted the travel by receiving travel expenses from customers.

1. The criminal defendant against the victim G will pay 100,000 won of the deposit money of Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul Metropolitan Government, which is currently residing after a week, at the family of the victim G located in Ansan-si, Y 312, the day of September 201, and the victim “I would be promptly used. In this case, KRW 10,000,000,000,000,000 won will be refunded to the victim.

“A false representation was made.”

However, in fact, the defendant was required to pay KRW 200,00 to the defendant's debt to be paid immediately when taking over the E tourr around April 201, and it was necessary to pay money with the operating funds of the above tourr. Accordingly, the profits from the operation of the travelr was expected to be consumed as the above debt repayment or the operating funds of the travelr, and thus there was no intention or ability to pay the money even if it was borrowed from the victim.

The Defendant received from the injured party a total of KRW 5 million around September 10, 201, including KRW 5 million around September 14, 201, and KRW 10 million around the same month to a deposit account in the name of F.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant against the victim J is within the F Office located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu around October 6, 201, and the victim J paid KRW 2,5350,000 to the victim J as KRW 1.1 million per one member and travel expenses from November 6, 201 to May 20, 201.

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