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(영문) 서울중앙지방법원 2018.11.27 2018고정1312
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, while operating “C” from January 2, 2016 to July 2017, operated “C” travel agencies from around 1, 2016 to around 2017, performed the duties of arranging the travel by receiving expenses from customers. On February 2, 2017, the Defendant was liable for penalty to D and local travel agencies, etc. due to nonperformance of the Vietnam travel contract, and during the process of expanding the business, the Defendant was in a situation where the travel agency’s operating fund was insufficient by unreasonable recruitment of employees.

1. On February 8, 2017, the Defendant would allow the victim E (n, 32 years of age) to pay the travel amount of KRW 3 million to the victim E (n, 32 years of age) at the above C office on or around February 8, 2017.

“A false statement” was made.

However, even if the defendant receives a travel payment from the injured party, he/she was thought to use it as a travel agency's debt repayment or operating fund, so that he/she did not have the intent or ability to implement

On February 16, 2017, the Defendant acquired 1.5 million won as the down payment from the damaged party, by receiving 1.5 million won as the Saemaul Treasury Account (F) account in the name of the Defendant.

2. On April 1, 2017, the criminal defendant against the victim G would allow the victim G (28 tax) to make a detailed trip when he/she pays KRW 2.2 million to the victim G (28 tax) at the above C office.

“A false statement” was made.

However, even if the defendant receives a travel payment from the injured party, he/she was thought to use it as a travel agency's debt repayment or operating fund, so that he/she did not have the intent or ability to implement

On April 19, 2017, the Defendant acquired 2.2 million won from the damaged party through the Agricultural Cooperative Account (H) in the name of the Defendant.

3. On April 2017, the Defendant against the victim I would be able to travel to the victim I (27 years old) at the above C office, and the victim I (27 years old) at the time of paying the travel amount of KRW 2.9 million.

“A false statement” was made.

However, facts are that the defendant has traveled from the injured party.

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