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(영문) 서울서부지방법원 2017.05.18 2016고단2154
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The applicant's application for compensation is dismissed respectively.

Reasons

Punishment of the crime

From December 2, 2013, the Defendant is a person who operated a travelr called “D” in Seocho-gu Seoul Metropolitan Government C Building 302.

On March 23, 2015, the Defendant stated that “If 3.5 million won is paid, the Defendant would send a new business travel on December 5, 2015” to the victim F and the victim G through employees E at the said D office.

However, the Defendant had no intention or ability to send a trip according to the terms of the contract because it was used as another travel team expense or as the office operating expenses even if the victim received travel expenses from the victims, because the Defendant was under cumulative circumstances such as receiving a loan from the beginning of the business operation of the company due to the lack of initial capital, such as advertising and marketing expenses.

Nevertheless, as above, the Defendant, as the victim’s false statement to the victims, acquired a total of KRW 28,586,000 from the victims, a total of KRW 122 victims, who are 60,000,000 from April 22, 2015 to the Korean bank account (H) opened in the name of the victims Company D, as the travel price, and acquired a total of KRW 3,50,000 from April 22, 2015 to December 2, 2015, and acquired a total of KRW 28,586,06,00 from the victims, as shown in attached Table 2, the total of KRW 60,00 from December 2, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement made to I and J;

1. Each complaint;

1. A written confirmation of each damage;

1. Application of Acts and subordinate statutes to an overseas travel contract, an aviation ticket, a Bossen, a written estimate for travel, a statement of each account transaction, e-mail (no details of accommodation reservation), Kakao Stockholm dialogue, the details of aviation ticket reservations, a detailed statement of aviation ticket reservations, a statement of reservation, the current status of reservation (victim's list), business agreement, financial status chart, and a statement of inquiry about suspect credit information;

1. Relevant Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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