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(영문) 서울북부지방법원 2019.07.18 2019고정594
사기
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On July 22, 2018, at a place where the address is unknown, the Defendant made a false statement that “B is the representative of “B” by telephone to the victim B, starting from September 22, 2018, and entering September 22, 2018, there is a D direct travel product for Esrael-Iel to administer the Eslael-Iel sexual intercourse, which arrives at September 29, 2018. At the same time, 3.6.9 million won per capita and at the same time, 4 or more persons per capita may be 2.3 million won per capita if there are two or more persons. The Defendant made a false statement that “The transfer of expenses to a personal travel account designated by the Republic of Korea is different because there is no knowledge of the accounting of goods and it is impossible to receive them into the travel company account.”

However, the defendant was not the representative of the travel agency, and even if he received travel expenses from the victim, he was thought to use them as his criminal case agreement or gambling fund, so he did not have the intent or ability to normally proceed with the sexual travel of the victim.

As such, around July 22, 2018, the Defendant, by deceiving the victim, received KRW 2.3 million from the victim with a new bank account (E) in the name of the Defendant, KRW 6.9 million from the national bank account (G) in the name of F designated by the Defendant on July 23, 2018, and KRW 2.3 million from the new bank account (E) in the name of the Defendant around July 26, 2018.

Accordingly, the defendant deceivings the victim, and obtained a total of KRW 11,50,000 from the victim, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to report internal investigation (the details of the account submitted by the petitioner and the details of H letters, etc.);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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