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(영문) 광주지방법원 순천지원 2017.09.14 2017고단958
사기등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be liable for compensation of KRW 2,813,00,000 to the applicant C.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to five months of imprisonment for fraud at the Gwangju District Court on September 25, 2013, and completed the execution of the sentence at the interest prison on February 19, 2014.

The Defendant, from March 2015, was a person who had established and operated G at the same place on May 26, 2016, when the Defendant had been operating the general manager of the company in question, from around 1,000 to 200.

[2017 Highest 958] The Defendant sent 18 persons, such as the victim, etc., from February 23, 2017 to February 27, 2017, to the victim, in the J operated by the victim I in Ha on November 14, 2016, “The Defendant sent 18 persons, such as the victim, etc., for the 13,500,000 won of the flight ticket, accommodation, food expenses, etc.” to the victim.

“A false statement” was made.

However, from the time of the establishment of the above travel agency, the above travel agency borrowed KRW 20,000,000 for the shortage of funds, and thereafter, the bond interest and the travel agency's operating expenses were incurred more than KRW 20,000 for each month, and the travel agency was thought to be used for operating expenses, etc. of the travel agency even if the travel agency was paid from the injured party, and thus, sent the travel agency as promised.

there was no intention or ability to act.

As such, the Defendant, by deceiving the said victim, received a total of KRW 13,500,000,000, in cash 200,000 on November 14, 2016 from the said victim, and KRW 7,00,000, in the agricultural bank account under the name of G Co., Ltd. (K), and KRW 6,30,000,000, in the same account on November 18, 2016.

The Defendant, including this, was issued a total of KRW 322,614,650 by deceiving the victims from April 5, 2016 to April 4, 2017, as stated in Appendix I.

Accordingly, the defendant deceivings victims to take the property by deceiving them.

[2017 Highest 1264] Around April 14, 2017, the Defendant stated to the effect that “the Defendant would allow the Victim L to make a trip by promise on behalf of the travel goods for three five days from June 2, 2017 to June 6, 2017.”

However, the defendant loans KRW 20,000,000 from the time of the establishment of the above travel agency due to the shortage of funds.

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