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(영문) 부산지방법원 2014.06.19 2014고단1385
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant made a false statement to the victim B and seven other persons in the D cafeteria located in Busan Northern-gu, Busan, that “on payment of KRW 1 million per capita, the Defendant will send the 4-day trip to Vietnam and Cambodia 4-6 days of travel through E tour.”

However, the fact that the defendant thought that he would be only the E company, and that he thought that he will be used individually, such as office operating expenses and travel expenses, etc., due to the economic difficulties, so even if he received money from the victims, he did not have the intention or ability to send a trip through the E tourr.

On June 15, 2013, the Defendant received 2,400,000 won per person in cash from the victims in the same place under the name of travel contract deposit, and the same year.

7. 16. The same year shall be delivered in cash 3,200,000 won per capita in terms of aviation expenses at the same place under the pretext of aviation expenses, and the same year.

8. The same year; and 15. The same year shall be paid in cash at the same place under the pretext of any balance;

8. 16. The victim F was transferred KRW 1.1 million from the victim F to the Cit Bank account in the name of the defendant, and the travel expenses of KRW 8 million was paid in total four times.

Accordingly, the defendant, by deceiving victims, received property and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. The police statement concerning B;

1. A complaint;

1. Travel schedule;

1. Answers to the provision of financial transaction information;

1. Application of Acts and subordinate statutes to the investigation report (verification of the same kind of power);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (all circumstances, such as the fact that the amount of damage in this case is not deemed to be a large amount and the repayment of part of the amount of damage

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of community service orders;

1. Promotion, etc. of a compensation order;

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