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(영문) 제주지방법원 2016.04.20 2015고단552
사기등
Text

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

The defendant shall pay 7,62,130 won to the applicant B, an incorporated association, and the applicant for compensation.

Reasons

Punishment of the crime

1. On March 3, 2014, the Defendant made a false statement to the effect that the victim D (37 tax) who was planning to travel in Jeju-do would purchase the victim’s right of way 12 aviation tickets if he/she sent the return flight fees to the victim D (37 tax) who was scheduled to travel in Jeju-do around October 3, 2014.

However, there was no intention or ability to purchase airline tickets even if the defendant receives money from the injured party because the defendant was in need of accumulated money in the course of operating the travel agency.

As such, the Defendant, by deceiving the victim as such, received KRW 1 million around February 24, 2014 from the damaged person as aviation fees, and transferred KRW 1,129,400 to the bank account in the name of the Defendant (G) around March 4, 2014 in the same manner, including the transfer of KRW 2,39,000 for hotel expenses, etc. around September 4, 2014; and received KRW 405,200 for additional one person’s expenses around September 17, 2014 in total four times, including the transfer of KRW 4,93,600 for additional one person’s expenses.

2. The part concerning the victim B

A. From June 1, 2014, the Defendant: (a) from around September 1, 2014, managed the passbook from the victim B and engaged in the accounting and management of the Association’s funds.

On June 5, 2014, the Defendant, at the office of the above federation around 17:36, used individually through Internet banking and cash withdrawal, etc. for seven times from the following day to July 14, 2014, the Defendant transferred KRW 1.5 million for personal goods to the head of the association (NAC) and the head of the board of directors (NACJ) on behalf of the federation for the purpose of the above federation, as shown in the attached Table No. 1 to 1 to 14, 2014. The Defendant used the amount of KRW 26,130,00 for the operating expenses, as shown in the attached Table No. 1 to 8,9 again in the list of crimes, for two times in cash at the meeting of the board of directors, and for the personal use of KRW 26,130,000 among the operating expenses, such as the list of crimes.

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