The Defendant: (a) is a person who is actually operating a D driving school in the following City C; and (b) is unable to maintain the financial status, such as the operation of the said driving school, and thus, (c) is able to make profits if he/she acquires and operates a driving school by accessing victims E

It was attempted to acquire money from victims by deceiving them.

On June 4, 2013, the Defendant made a false statement to the effect that “A victim may receive KRW 2,00,000 per month when operating D private teaching institutes,” and that “A victim will transfer 75,00,000 won to a private teaching institute by November 1, 2013” to the victim in G located in the Hasan-si F.

However, the Defendant, without any particular property at the time, was at the level of KRW 20 million, and the Defendant was unable to pay the rent of KRW 4 million, KRW 10 million, KRW 10 million, and KRW 10 million, and KRW 10 million, in video viewing fees of the said private teaching institute. Since the said private teaching institute is being operated as the enemy, it was not good to the financial status of the said private teaching institute because the Defendant lent money to the said private teaching institute and appropriated it as operating expenses, etc., and the Defendant did not obtain the consent on the disposition of the said private teaching institute from H that invested KRW 15 million in the said private teaching institute. Therefore, even if the Defendant received money from the victim as the price for acquiring the private teaching institute, the said private teaching institute did not have any intent or ability to normally transfer the said private teaching institute.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 10 million on the same day under the name of the Defendant from the victim to the personal compromise account under the name of the Defendant, and KRW 14.5 million on July 5, 2013, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Complaint;

1. Application of Acts and subordinate statutes to investigative reports ( telephone communications between private teaching institutes investors H);

1. In the case where a person intentionally commits a deceptive act in the mitigated area (one month to one year), (one year to one year) of mitigation area (a person who is specially mitigated) for the pertinent legal provision on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of imprisonment [the scope of recommended punishment] of general fraud (the scope of recommended punishment].