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(영문) 수원지방법원 성남지원 2017.07.04 2016고단1383
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 order 1383]

1. The Defendant, against the victim B, was an employee of D Tour Co., Ltd., Ltd., which is operated by the Defendant’s words, 1.10, Sungnam-gu, Sungnam-gu, Sungnam-si, and had no specific income from monthly income of KRW 1.2 million, and there was no personal obligation of KRW 70,000,000, and it was thought that the Defendant would prevent the Defendant from paying the flight fees received from the customers and returning the flight fees to other customers, and thus, there was no intention or ability to have the aviation tickets issued even if receiving the flight fees from others

Nevertheless, around October 19, 2015, the defendant made a promise of return airline tickets to the victim B from the office of the above corporation D to the end of the city in Korea.

When the air fee is paid, it is expected to issue an airline ticket.

“Falsely speaking to the effect that it is “,” the defrauded 6,516,000 won in total by receiving KRW 362,00 from the victim to the Nonghyup Bank account in the name of the Defendant on October 19, 2015, KRW 3,620,00 on October 20, 2015, KRW 1,086,00 on November 1, 2015, and KRW 362,00 on November 2, 2016.

2. The Defendant, as described in paragraph 1, was thought to prevent the Defendant from paying the travel expenses that he received from the customers as personal debt and returning the travel expenses of other customers, so there was no intention or ability to send the travel expenses even if he receives the travel expenses from others.

Nevertheless, the Defendant, at around 11:00 on December 24, 2015, made a false statement to the effect that “the employees deposit the table travel expenses to allow them to travel abroad at a price lower than that of other travel agencies in connection with the Gu,” at the office D Co., Ltd., Ltd.’s office, the Defendant received KRW 10.6 million from the damaged person, namely, the title bank account in the name of the Defendant, for travel expenses. On December 31, 2015, the Defendant continued to receive KRW 13:0 million from the office D Co., Ltd. to the said F on December 31, 2015.”

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