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(영문) 서울동부지방법원 2016.12.14 2016고단2257
사기
Text

A defendant shall be punished by imprisonment for two years.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

[2016 Height2257] The Defendant operated a travelr in the name of Company I on the 6th floor of Songpa-gu Seoul Metropolitan Government G building and the 3rd floor of Dongdaemun-gu Seoul Metropolitan Government H building.

From October 16, 2015, the Defendant: (a) from February 6, 2016 to the Victim J who reported and contacted Internet advertisements; and (b) from February 6, 2016

2. By October 10, 200, he consulted about the estimate of the goods travelling Vietnam, and made a false statement to the effect that “to pre-contract the travel expenses on the date desired if the travel expenses would be paid preferentially.”

However, even if the defendant received overseas travel expenses from the victim, the defendant did not have any intention or ability to make up for overseas travel normally because he/she had to use them in the operation expenses of the travel agency operated by the defendant or in the refund to other customers.

Around October 26, 2015, the Defendant received KRW 9,090,00 from the victim as K account in the name of Han Bank Co., Ltd. from the victim, and received KRW 172,986,000 in total from October 5, 2015 to May 2, 2016 in the same manner as shown in attached Table 1.

[2016 Highest 2860] The Defendant operated a travelr in the name of Company I on the 6th floor of Songpa-gu Seoul Metropolitan Government G building and the 3rd floor of Dongdaemun-gu Seoul Metropolitan Government H building.

On December 18, 2015, the Defendant consulted on the estimate of goods traveling in detail in the Philippines for three and five (3) days from January 8, 2016 to three (5) days to the victim L, who contacted with the public relations mail, and concluded that “The Defendant would be able to make a reservation on the desired date if the travel expenses are paid preferentially.”

However, even if the defendant received overseas travel expenses from the victim, the defendant did not have any intention or ability to make up for overseas travel normally because he/she had to use them in the operation expenses of the travel agency operated by the defendant or in the refund to other customers.

The defendant has received KRW 4,674,00 from the victim to the Agricultural Cooperative Account in the name of the No. I in the same day.

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