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(영문) 서울남부지방법원 2018.07.27 2018고정486
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who operates a travelr with the trade name “C” on the five floors of building B in Yeongdeungpo-gu Seoul Metropolitan Government.

The Defendant did not have the intention or ability to normally proceed with the travel goods even if the financial condition of C is paid travel expenses.

1. On May 13, 2017, the Defendant, at C office around May 13, 2017, said that “Around 100,000 won was transferred to the Defendant’s wife E’s account on May 15, 2017, by means of the victim D (n, 47 years of age) and telephone call, the Defendant would make an advance promise for airline tickets and accommodation facilities, and thus, it should be cut in advance as it would be possible to promote the airline tickets.” Accordingly, the Defendant received 3.2 million won from the victim’s damage to the Defendant’s wife E’s account at the subscription expense for the airline tickets, and transferred 2.76 million won to the same account on June 9, 2017.

2. On July 21, 2017, at the same place as the preceding paragraph, the Defendant voluntarily cancelled the tour product, and then presented 3.85 million won for the air ticket reservation amounting to 3.1 million won to be asked by the victim to Vietnam, and 4.1 million won for the accommodation reservation amounting to 3.5 million won for the air ticket reservation amounting to 5.64 million won, which the injured party should return to the golf tour case, e.g., approximately 5.64 million won (the fee deduction of 3.20,000 won out of 5.96 million won) which the victim had to return the accommodation reservation amounting to 4.1 million won from August 1, 2017 to the same month.

2. A false statement to the effect that it would be returned between the victims, and 3.85 million won was remitted from the victim’s account in the name of the Defendant’s wife E bank on the same day.

As a result, the defendant was accused of the victim and was transferred to the 9.81 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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