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(영문) 대전지방법원 천안지원 2012.11.01 2012고단796

사기등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

1. From July 2008, the Defendant operated D private teaching institutes in Seo-gu, Seoan-gu, Seoan City C.

At the time, the number of students was 2.5 million won per month, and the monthly sales were 87 million won from 75 million to 87 million won, but the monthly average expenditure was 46 million to 50 million won, and the amount of money borrowed from early investment was 420 million to 50 million won, debt 275 million won to E, debt 2.5 million won to 5 billion won, credit card payment was 92.5 million won, and credit card payment was 2.5 million won, and it was 45 million won so that private teaching institute tuition fees, etc. could not be paid from time to time.

Accordingly, while the Defendant thought that if he operates a branding private teaching institute in Y in Yan-gu, Dong-gu, Chungcheongnam-gu, the population congested area, it would be more likely that the profitability would be improved, the Defendant promised to give him the right to operate the private teaching institute in G when he takes over from the person who operated the private teaching institute in Yannam-gu, Chungcheongnam-gu, the person who operated the private teaching institute.

On July 2009, the Defendant sold the said D Teaching Institute to E with KRW 50 million, and deducted KRW 315 million from the credit amount of KRW 275 million and teaching material expenses to E with KRW 40 million, and received KRW 235 million.70 million, the Defendant used the said D Teaching Institute’s unpaid tuition fees for KRW 20 million and paid part of the debt amount to E with KRW 20 million and used approximately KRW 100 million for daily expenses.

AH in I had a very small amount of monthly sales to 70 to 80 students, but in order to operate a large-scale HH driving school in G, it has to take over the said private teaching institute inevitably.

On August 2009, the Defendant provided and accepted HAD’s KRW 100 million, including deposit amount of KRW 20 million and premium of KRW 50 million.

However, it is difficult for the defendant to obtain a loan more than 650 million won in the amount that has already been paid to him.