(영문) 대구지방법원 김천지원 2017.04.19 2016고단814

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(영문) 대구지방법원 김천지원 2017.04.19 2016고단814

사기

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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

From August 2010, the Defendant was operating a travelr with the trade name “D” in the Gu and America from August 3, 2010, and the victim E, F, G, and H had one of them a long-term relationship with the Defendant, and the Defendant sent a family travel with the Defendant around February 2016.

On November 19, 2015, the Defendant heard the victim F’s speech that “I wish to go to a family by telephone” from the victim F to the victim “I wish to go to the family only at the spring of her natives,” and said that “I will send a trip to the victim as of February 26, 2016 if I deposit KRW 13.6 million for the total 16 persons,” and that “I will deposit the trip to the victim as of February 17, 2016.”

However, due to the deterioration in the management of the above company, the defendant used the funds paid by the customers from around 2013 to the prior contractor's expenditure, and operated the above company in the form of "free return", so even if he received the funds from the victims, he was thought to be used as the travel expenses of other customers who entered into the travel contract with the defendant first, and there was no intention or ability to allow the victims to travel overseas. The defendant was liable for the amount of KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

Nevertheless, on November 19, 2015, the defendant deceivings the victims as above, 8.8 million won under the name of the defendant as the contract deposit from the Agricultural Cooperative Account (Account Number J) in the name of the victims, and 4.8 million won under the remaining name of January 22, 2016;

2. On 17.17. Deposit of KRW 1.6 million for expenses necessary for money exchange and the victims acquired a total of KRW 15.2 million from the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint, travel contract, and fair deed;

1. A detailed statement of deposit transactions;

1.In the laws and regulations, a report of investigation (as to the submission of delegations by E, attachment of investigative data).

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