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(영문) 인천지방법원 부천지원 2016.05.26 2016고단940
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

The Defendant sent a trip from April 24, 2016 to April 24, 2016, to the “C” travel agency office of the Defendant’s operation in Bupyeong-gu, Nowon-gu, Seoul Special Metropolitan City on October 27, 2015, and to the victim I, the customer of the new package tour counseling, for a certain period of six days from April 24, 2016, if the Defendant paid 4.4 million won for travel expenses.

The purpose of “States” was to make a false statement.

However, even if the defendant receives money from the injured party as travel expenses, he did not have any intention or ability to send the travel to the injured party, only he did have to pay the existing debt or use it as travel agency's operating expenses.

The defendant acquired the money from the injured party by remittance of KRW 3 million on the same day and KRW 1.4 million on the following day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to the Acts and subordinate statutes on overseas travel contracts and account transactions;

1. In light of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] [the grounds for sentencing of punishment] of the basic area (from June to January, 16) (no person subject to special sentencing] [the decision of sentencing] of the defendant is against the depth of the defendant, and there is no specific effort to recover damage in favor of the defendant, such as the first offender, and the fact that the defendant did not make any effort to recover from damage, the punishment as set forth in the disposition shall be determined in light of the following:

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