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(영문) 부산지방법원 2019.05.23 2018고단4348
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 23, 2017, the Defendant introduced Jeju-do tour goods by stating that “A person who is well aware of inside and outside shall work at D travel agencies, and, if you pass through, may set up a trip at D travel agencies by means of the flaging of points of travel agencies.” The Defendant introduced Jeju-do tour goods.

However, in fact C was a virtual figure created by the Defendant and received money from the victim, and was appropriated in the form of returning the cost of other travel goods requesters. Thus, even if the Defendant received money from the victim, the Defendant did not have the intent or ability to purchase the travel goods.

Nevertheless, the Defendant, by deceiving the victim as above, received 350,000 won from the victim to the E bank account under the name of the Defendant for travel expenses, and acquired money by taking account of a total of 66,380,000 won through the same method from around that time to March 10, 2018, such as the list of crimes in the attached list of crimes.

Around February 2018, the Defendant called the victim G, a F employee, at a place not known to him/her on February 2, 2018 and made a false statement to the effect that “The Defendant would make a promise to substitute for the trip of H and six other Jeju-do, and would pay the travel cost after the vehicle, if the Party would grant the estimate of the travel cost and finally determine the reservation to travel.”

However, as the Defendant did not have certain income or assets at the time, and sent travel at a price less than the actual travel cost, the Defendant solicited many customers, and used the money received from some other customers in the form of return to the remainder of the expenses incurred in the travel of other customers, or used the Defendant’s repayment of other obligations or cost of living. Therefore, the Defendant did not have the intent or ability to pay the victim the travel cost even if the promise to travel is finalized.

The defendant.

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