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(영문) 서울중앙지방법원 2016.01.28 2015고정2805
사기
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Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On October 30, 2014, the Defendant was sentenced to a suspended sentence of 4 months of imprisonment with prison labor for fraud at the Suwon Giwon, and the judgment became final and conclusive on November 7, 2014.

[2] On March 2014, the Defendant: (a) operated a mutual travel company of D Co., Ltd. on the 6th floor of Gangnam-gu Seoul Metropolitan Building; (b) concluded a golf travel product contract with a travel agent from May 1, 2014 to May 6, 2014 to allow 53 travel agents to visit in sequence to the South Korean golf course; and (c) concluded a travel contract with a travel agent from the 6th floor of Gangnam-gu Seoul Metropolitan Government to invite visitors to China.

On March 3, 2014, the Defendant stated that “The Defendant would allow the victim G to enjoy golf from the south F golf course of China from May 3, 2014 to May 6, 2014, when paying the travel expenses equivalent to KRW 960,00 per one person, because there is golf travel goods visiting the south F golf course of China.”

However, at the time of the operation of D Co., Ltd., even if the Defendant received money from the injured party for the purpose of travel expenses from the injured party for the amount of 150,000,000 won, the Defendant did not have any intent or ability to proceed with the business of South Korean golf course travel goods as agreed even if he received the travel expenses from the injured party for seven travel expenses.

The Defendant, as such, by deceiving the victim, received a total of KRW 7,182,00 from March 31, 2014 to April 29, 2014, on five occasions as travel expenses, from the victim.

Summary of Evidence

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each legal statement of witness G and H;

1. Statement of the grounds for local progress in China and D (in India);

1. Content certification;

1. Investigation report (to have telephone conversations with witness I);

1. Before ruling: Suwon District Court's Sungnam Branch 2014 High Order 1131.

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