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(영문) 대전지방법원 공주지원 2014.05.30 2014고단42
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who requested the victim D to make up for the reservation of flights, hotel expenses, etc. and paid the travel expenses to the victim in order to ensure that the victim D can take part in the travel with the travel expenses after receiving the travel expenses from the persons who are engaged in the events in the event in the public sector B.

Around June 2013, the Defendant made a false statement to the victim by telephone from the C Tour Company operated by the Defendant to the effect that “First of all, the Defendant would pay the travel expenses to the victim within the number of days on the face of the week,” and the Defendant made a false statement to the effect that “The Defendant would sell the E tourist bus to the victim at the Cheongju Port on July 5, 2013.”

However, at the time, the Defendant had a debt worth approximately KRW 400,00,000 with loans and bonds of a lending company. On April 19, 2013, the Defendant borrowed the above tourist bus as collateral, and thus, the Defendant did not have the intent or ability to pay the travel expenses even if the Defendant first paid the travel expenses.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim pay KRW 18,540,00 from June 26, 2013 to June 30, 201 of the same month; KRW 23,875,700 for travel expenses of KRW 29 for up to June 30, 2013; and KRW 63,487,700 for travel expenses of KRW 30 from July 5, 2013 to August 8, 2013; and acquired property benefits equivalent to the same amount by failing to pay KRW 49,87,700 for the travel expenses of KRW 30 for the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. A seal, a certificate of debt amount, a personal rehabilitation decision, a statement of waiver of the vehicle, a letter of waiver of the vehicle, a letter of confirmation of the trip, the register of automobiles, the overseas travel contract, the list of individual rehabilitation creditors, the list of transactions of the deposits for self-reliance, the list of ordinary deposits, and the output of the trade

1. Application of Acts and subordinate statutes to the investigation report (specific amount of damage);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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