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(영문) 서울중앙지방법원 2017.03.16 2016고정4301
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On January 24, 2013, the Defendant was sentenced to a suspended sentence of two years for a period of imprisonment with prison labor for six months at the Seoul Central District Court, and the above judgment was finalized on February 1, 2013. On April 3, 2014, the Defendant was sentenced to a suspended sentence of two years in imprisonment with prison labor for fraud, etc. on April 11, 2014, and the judgment became final and conclusive on April 11, 2014, and the Defendant’s financial status of (State)B)B, which was operated by the Defendant at the second half of 2010, has significantly deteriorated, while the Defendant operated a travel agent for private use, and difficult to make profits.

On August 24, 2010, the Defendant would purchase a ticket if the Defendant paid KRW 2,983,900 to the victim D (70) in operating the (State) B in Seoul Special Metropolitan City, Nowon-gu on August 24, 2010.

The phrase “ makes a false statement.”

However, there was no intention or ability to purchase airline tickets even if the victim receives airline tickets payment from the victim.

Nevertheless, the defendant was transferred KRW 2,983,90 to the corporate account of the above travel agency as the price for airline tickets from the damaged person.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to victims D;

1. Details of deposits in a new bank;

1. A previous conviction in judgment: A reply to inquiry, such as criminal history, a copy of each written judgment (2014 high order 390, 12 No. 3557), inquiry into the case (12No. 3557); the application of Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

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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