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(영문) 부산지방법원 2016.04.21 2015고단8889
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While the Defendant operated C in Busan Central District, from May 2014 to May 2014, the management status was extremely poor due to business performance low, and even if the Defendant received travel expenses from victims due to financial difficulties, the Defendant did not have the intent or ability to implement the travel.

1. On March 5, 2015, at the above office, a false statement was made to the effect that six victims D, etc. and six travel places: May 15, 2015 to May 27, 2015: North Europe 8 countries, and travel expenses: 3,150,000 won per person, will be sent while entering into a travel contract, and that they will send the travel at the above office. The statement was made to the effect that the said victims will receive KRW 108,00,000 as travel expenses from the said victims on March 6, 2015;

4. 24. 24. 8.1 million won by deceiving 18.9 million won, respectively;

2. On April 13, 2015, a false statement was made to the effect that he/she would send a trip while entering into a travel contract with six victims E, etc. on July 22, 2015 to July 26, 2015, with six travel places: Gymbs: travel expenses: KRW 6.6 million; and he/she shall receive 6.6 million from the above victims for travel expenses, i.e., e., travel expenses;

3. On April 14, 2015, at the above office around the victim E, etc., they will send a travel at a higher price than the above contract entered into.

It is false to the effect that the travel product already contracted will be cancelled and returned three weeks after the cancellation, and it was obtained from the victims to receive 6 million won as travel expenses from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Each contract for travel;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., grounds for sentencing) (see, e., grounds for sentencing) [the scope of recommendation] general fraud.

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