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(영문) 인천지방법원 부천지원 2018.08.16 2018고단528
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The facts charged [2018 Highest 528] Defendant is a person who operated “D” corporation, a company mediating Chinese travel from Mapo-gu Seoul, Mapo-gu, Seoul, and C.

On April 1, 2016, the Defendant entered into a charter bus supply contract with the victim F who operates “E”, a charter bus service business entity, and 25 passengers and the passenger charter bus supply contract with “E” at the above office office around April 1, 2016, and the Defendant would settle and pay the price to the victim at the end of each month.

In other words, it seems that the party would pay the price normally.

However, at the time, the Defendant was notified of the revocation of the designation of the exclusive travel agent in China by the Ministry of Culture and Sports at the time, and was unable to smoothly recruit Chinese visitors. While there was a debt amounting to KRW 260 million in the Credit Guarantee Fund, etc., on the other hand, the Defendant was unable to pay the rent even if he was provided with a chartered bus from the damaged party due to the lack of financial standing, such as the continued self-management of personnel and the company rent, etc.

The Defendant was provided with a chartered bus from around June 2016 to October 2016 from the damaged party, and acquired the profit equivalent to KRW 4,2730,00 from the chartered bus.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

[2018 Highest 1449] The Defendant was a person who operated “D”, a company mediating Chinese travel from Mapo-gu Seoul Metropolitan Government B and C.

The Defendant called “D” office around January 11, 2017, to the staff of H hotel operated by the victim G corporation, and called “H hotel” from February 5, 2017 to the H hotel.

2. By October, 200, Chinese tourists wanted to be accommodated with accommodation, and they expressed an attitude that they would normally pay accommodation expenses by stating that the expenses of accommodation would be paid at the time of physical string.

However, at the time, the Defendant was notified by the Ministry of Culture and Sports of the revocation of the designation of a dedicated travel agent in China.

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