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(영문) 서울중앙지방법원 2015.02.06 2014고단7386
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From July 2012, the Defendant had operated a travelr with the trade name “D” on the third floor of the Gangnam-gu Seoul Metropolitan Government C building.

Around July 2013, the above travel company did not dismiss the enemy, such as low monthly revenue of about KRW 1.5 million, because of low records of attracting tourists, even though the monthly fixed expenditure was about KRW 10 million.

Therefore, the Defendant used the travel expenses from the customer as company operating expenses, etc. with the money received from the customer, and thereafter, at the time of the customer's custody, the Defendant operated the company with the so-called "defluence" which appropriated the travel expenses paid by the former customer with the money received from the customer, and there was no way to prepare the previous travel expenses when the travel attraction expenses are insufficient even if they are closed.

In addition, around July 2013, the Defendant did not have property under the name of the Defendant, and the Defendant took a debt of 20 million won from a lending company by preparing the company operating expenses.

The defendant requested 50,000 won for the Jeju hotel hotel room from Chinese customers in the name of the above temporary border and delivered 30,000,000 won for the travel expenses on July of the same year and 5,000 won around September of the same year. However, due to the above operational difficulties of the company, the above 35,00,00 won was received from the company operating expenses or from other customers and had to be appropriated for the already used travel expenses, so even if the defendant received the travel expenses, the defendant had no intention or ability to pay the money properly to the hotel.

Nevertheless, on August 7, 2013, the Defendant: (a) sent a telephone to the hotel hotel in the victim-based hotel; and (b) provided 36 guest rooms that Chinese travelers can accommodation from October 4, 2013 to October 8, 2013 and its travelers with a view to paying accommodation expenses, etc., while indicating that “the price will be paid until October 8, 2013.”

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