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(영문) 대전지방법원 2014.06.17 2014고단571

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From December 2, 2000 to September 2002, the Defendant is a person who operated a Do driving school on the 9th floor of the C Building in light of the luminous life.

Around August 27, 2002, the Defendant stated that “A victim E was from English and Chinese origin with consideration, and the instructors of a private teaching institute also made a prestigious presentation. When a child education institute fee is paid in lump sum, the Defendant said that “A middle school curriculum will be appointed in good faith from September 2, 2002 to February 28, 2003.”

However, in fact, from March 2002, the Defendant was suffering from the shortage of school students due to the reduction of school students, and did not have secured all the instructors who teach the students during the agreed teaching period, so there was no intention or ability to complete the teaching even if the Defendant received tuition fees from the victim as a lump sum payment.

Nevertheless, the Defendant, as such, by deceiving the above victim and receiving 2 million won as tuition fees for the same day from the victim, obtained a total of 11 persons as tuition fees in the same manner as shown in the attached list of crimes, and obtained a total of 26.5 million won as tuition fees from 11 persons in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to F (including a delegation letter and a copy of resident registration certificate);

1. Application of Acts and subordinate statutes on police statements made to G, H and I;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. From among concurrent crimes, it is reasonable to sentence sentence the sentence stated in the text in light of the fact that the reason for sentencing is inferior and the damage recovery was not made at all, among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act.

It is so decided as per Disposition for the above reasons.