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(영문) 부산지방법원 2016.10.28 2016고단1234
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, a person who operated a travel agency on April 16, 2014, got accumulated due to the cancellation of the existing travel contract, the reduction of travel visitors, etc., and led to the increase in the amount of debts, the Defendant received the travel expenses to use them as interest on the loan, personal debt, living expenses, etc.

On December 26, 2014, the Defendant made a false statement to the effect that, at the (ju) Diplomatic Office in the operation of the Defendant located in the Geum-gu Busan Metropolitan Government, the Defendant was requested from the victim FF (32 years of age) operating the Defendant, for all travel affairs, such as the right to create airline tickets for the travel of 10-11-day U.S. travel from the traveler, hotel reservation, New York City tour, and New York City Tourism, “First, if the expenses are remitted, the Defendant would have the right to make up for the airline tickets reservation, the right to make up for the hotel reservation, etc.”

As such, the Defendant, by deceiving the victim, received KRW 7,500,000 from the victim for travel expenses on January 21, 2015, under the name of the victim, to transfer KRW 7,50,000 from the one bank account (H) in the name of wife G, as well as from that time to July 14, 2015, received a total of KRW 108,610,000 on a total of 31 occasions, as shown in the list of crimes in the attached Table.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement made to the F;

1. Written complaint, travel contract, intvoce, written inquiry of details of transactions, Kakakakao Stockholm dialogue between the complainant and the suspect, content of E withdrawal, statement of transfer transactions, each Internet Bank's transfer certificate (Tgu Bank), text message details, written confirmation (Tgu Bank), travel schedule, each financial transaction statement, inquiry sheet of request for each unfair transaction, details of entry and withdrawal, each financial transaction statement, and each financial transaction statement;

1. Application of Acts and subordinate statutes to investigation reports (such as English and aeronautical currency, etc. and credit assessment data of A);

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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