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(영문) 광주지방법원 2020.02.20 2019고단5182
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

The Defendant is a person who operates a travelr with a trade name called “(State)C” in Gwangju-gu B.

On January 21, 2019, the Defendant entered into a contract with the victim D by telephone at a non-permanent location, stating that “The Defendant would bring the victim D with KRW 2,790,000 per 1 person of 8 Spanish goods departing from June 5, 2019.” The Defendant entered into a contract with the victim D, E, F, G, H, I, J, K, and Span travel goods.

However, at the time of fact, the travel agency’s financial situation aggravated, and used the travel expenses received from other customers for the provision of other customers’ travel goods and for the repayment of other debts, etc., and the amount received from the victims is considered to be used as expenses for the provision of other customers’ travel goods, and thus, there was no intention or ability to provide the victims with the agreed travel goods even if they are paid the travel expenses.

On February 25, 2019, the Defendant used the victims as expenses for the provision of travel products to the victims, “Tampeting shall be carried and a copy of the passport and a down payment of 1.6 million won per person per page” from the victims to February 27, 2019, the Defendant received KRW 1,280,000 from the victims to the bank account in the name of the Republic of Korea (State) from the victims to February 27, 2019. On April 20, 2019, the Defendant continued to use the victims as expenses for the provision of travel products to the victims, “The victims sent KRW 1,190,00 won per each victim until April 20, 2019,” and our travel agencies received KRW 1,190,000 from the victims to the end of April 20, 2019.” The victims received from the victims to the bank account from the victims to the end of April 25, 2019.

Accordingly, the defendant deceivings victims, and obtained a total of KRW 22,320,00 from victims, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The protocol concerning the examination of the accused by the prosecution;

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