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(영문) 수원지방법원 성남지원 2014.07.04 2014고단953
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 7, 2010, the Defendant sentenced the Suwon District Court to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and completed the execution of the said punishment on February 17, 2012.

The Defendant served as an employee of Cambodia who had operated a travelr under the trade name “D” in Cambodia.

On July 20, 2013, in collusion with E, the Defendant: (a) received money as travel expenses from a purchaser of Cambodia; (b) thought that he/she would use it as restaurant opening expenses in Cambodia; (c) Defendant’s marriage preparation expenses; and (d) Defendant and E’s living expenses; and (b) provided a contractor with the Internet NAVV site’s services for reservation of hotel tickets for tourers, even though he/she did not have any intent or ability to allow the contractor to travel; (c) he/she received 60% of the travel expenses from the purchaser of Cambodia; and (d) stated that “I will dispose of all hotel tickets for tourers. If he/she received 60% of the travel expenses, I will handle all of the travel goods of Cambodia,” and, from the victim G until May 1, 2013 to the day on which he/she took over KRW 1,680,000,000 from May 27, 2013 to May 13, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol of the E and the accused;

1. Each police interrogation protocol against the accused;

1. Each police statement to G, H, I, and J;

1. e-mail protocol to K;

1. Each statement;

1. Each complaint;

1. Response to requests for the details of financial transactions;

1. Investigation reports (attached to details of transactions of community credit cooperatives);

1. Previous convictions: Criminal records and investigation reports (verification of repeated crimes of suspects and attachment of relevant judgments) and the application of statutes;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the accused for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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