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(영문) 청주지방법원 제천지원 2015.08.27 2015고단160
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a travel agency in the Chungcheongbuk-gun C.

On November 6, 2013, the Defendant entered into an overseas travel contract with the victim and the travel goods name “16 persons traveled,” “16 persons traveled,” and “40 million won in total,” at the above travel site located in Incheon-si, the Defendant: (a) requested the victim F to travel from the victim F to the U.S. for 6-day organization; and (b) entered into an overseas travel contract with the victim and the travel goods name “8 days in the U.S. Department”.

However, even if the defendant receives the travel payment from the victim, he did not have the intent or ability to send the travel to the organization requested by the victim due to the financial difficulties of the travel agency.

The Defendant received from the victim, namely, KRW 18 million as down payment, KRW 5 million as air charges, KRW 10 million as of March 13, 2014, KRW 10 million as hotel expenses on March 20, 2014, and KRW 2.5 million as of July 3, 2014, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The police statement 1.F of the Defendant’s partial statement 1. investigation report (the attachment of a passbook to the statement of transactions), investigation report 1. Overseas travel contract, the written estimate of the U.S. book and the 8.0 U.S. book, the 9.0 U.S. book and the 9.0 U.S. book, the copy of the passbook, the transfer completion certificate, the deposit certificate, and the law of the

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of recommendations based on the sentencing criteria: Where significant damage has been restored to the mitigation area (one month to one year) of the types of general fraud (less than 100 million won) from one month to one year (determination of types of punishment).

3. The fact that the defendant's decision of sentencing leads to the amount of damage acquired by deception by deceiving the victim is disadvantageous to the defendant, and the defendant paid part of the amount of damage directly.

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