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(영문) 수원지방법원 안산지원 2013.03.29 2012고단2184

사기

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 becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as a person who operated the Korea Private Teaching Institute in Ansan-si C, had been operating the Korea Private Teaching Institute. From around 2006, the original students of the said private teaching institute began to suffer difficulties in its management. From around 2009, the students of the said private teaching institute began to be in self-management, and it was impossible to obtain bank loans, etc. as a person with bad credit standing. As a result, the Defendant continued to borrow the money from the victims for the purpose of operating the private teaching institute and to acquire the money by borrowing the money from the victims in part of the interest and the principal in the so-called “debrising manner.”

1. Around August 27, 2009, the Defendant made a false statement to the victim’s home of the victim F apartment No. 403 204, Silung-si, the Defendant made a false statement to the victim that the victim “I would pay the victim the interest on the fiveth of the month if I would have to pay the expenses for the test of the private teaching institute and the monthly wage, and if I would have borrowed the money in order to prevent the payment of the fraternity, I would have to pay the principal on the other hand.”

However, as above, the Defendant did not have any intention or ability to repay the money even if it borrowed the money without any separate active property, while the Defendant continued to accumulate any profit while operating the private teaching institute.

As above, the Defendant, as described in attached Table 1. from March 26, 2012, by deceiving the victim, received eight million won or more from the victim, and acquired it by deception, from March 26, 2012, the Defendant received a total of 54 million won or more from the victim on a total of 24 occasions as stated in attached Table 1.

2. On December 2, 2009, the criminal defendant against the victim G would pay the victim a monthly interest if he/she lends money to the victim in his/her house of the victim No. 107 Dong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, 107 Dong-gu, 2104, “A private teaching institute’s expenses and livelihood need monthly wage, and the money is needed to pay a monthly interest, and on the other hand, he/she would pay the principal.