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(영문) 대전지방법원 공주지원 2020.05.29 2020고단101
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who operated “B” from March 2016 to May 2019, and the victim C is the chairperson of the 28th Eth Association of Korean Elementary Schools.

around February 1, 2019, the Defendant: (a) around July 31, 2019, on the victim’s house located in E, E, and (b) discovered of group travel goods from around July 31, 2019.

8. By April 8, there is a good in Vietnam for three (3) days and five (5) days.

cost per person 1,290,000 Won per person;

2. By November, 11, 9,000 won of the down payment shall be remitted, and shall be exempted from the full payment before the trip.

“The words “,” and draw up a travel contract to the same effect.

However, even if the Defendant received the payment from the victim, he/she thought that he/she would use it as expenses for the preparation of travel goods from other customers without any intent to use it in preparation for the group travel promised with the victim, and he/she did not have any intent or ability to prepare the group travel promised with the victim, such as closing the business around May 1, 2019.

Nevertheless, the Defendant deceptioned the victim as above, and acquired 7,910,000 won from the victim to the Agricultural Cooperative (F) account under the name of the Defendant in the name of intermediate payment as of February 11, 2019, and 7,600,000 won from the same account on June 19, 2019, and 7,910,000 won from the same account on July 1, 2019 as part payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of a travel contract, a receipt, and a certificate of transactions;

1. Application of Acts and subordinate statutes to investigation reports (the result of a search, seizure and inspection warrant 2019-893 reply);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be less than KRW 100 million (the person who is a special person] of fraud.

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