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(영문) 부산지방법원 서부지원 2018.08.14 2018고단185
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On April 3, 2018, the Defendant was sentenced to ten months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on April 21, 2018.

[Criminal facts] The defendant is the representative of "D" in Busan Jin-gu Ctel 707 and 708, who has been engaged in travel business.

The Defendant at the above “D” office around July 31, 2017, for the victim E and 15 other than the victim E, “ 15-day travel goods for Makao, Sacheon, and Red 4:5-day travel expenses per person are KRW 900,000.

“To the end,” the traveled goods entered into a travel contract with the description of “Macaro, Sacheon, Sago 4, Sago 5 days,” with the travel period from October 17, 2017 to October 21, 2017, with the travel capacity of KRW 16,44 million, and travel rate of KRW 14.4 million.

However, the Defendant continued to operate the so-called “return-free fund” type, which is used exclusively for the travel expenses for other travel pre-contracts with customers while continuing the operation of the aforementioned D from around 2011, and there was no specific financing plan in the situation where the obligation is gradually accumulated. As such, the Defendant thought that the cash received from the victims as down payment was used as other travel pre-contracts expenses, office operating expenses, living expenses, etc., and there was no intention or ability to send the normal travel of the victim E and 15 persons.

As such, the Defendant, as from July 21, 201, by deceiving the victims and deceiving them, shall be from July 21, 2017.

9. By December 28, 200, by means of the Busan Bank Account (Account Number:F) and the K Bank Account (Account Number: G) in the name of the Defendant, the Defendant acquired the remittance of KRW 14,440,000 (16 x 90,000 won for each victim (16 x 90,000 won for each victim) in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each power of attorney, a copy of certification of human beings, details of entry and departure transactions, a detailed statement of transactions of automated machines, and a travel schedule;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, and reporting on the results of confirmation of the previous convictions;

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