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(영문) 서울중앙지방법원 2014.05.22 2014고정1554

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[Criminal Justice] On October 30, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on April 16, 2014 and the judgment became final and conclusive on April 16, 2014.

【Criminal Facts】

From the beginning of 2009, the Defendant advertised to provide online lectures on the subjects related to the qualification certificate of infant care teachers and social workers on the above site as a person who operates an online site of the Gangnam-gu Seoul building 21th floor.

In fact, the above C was a structure that connects lectures provided by other universities or lifelong education institutes online, rather than directly providing lectures in other universities or lifelong education institutes, and the Defendant had been unable to provide online lectures to students in the white name around August 2009, and even around December 2009, it was in a situation where it was not possible to deal with refund payments, and around 2010, the liability amount was about KRW 650 million, and around 2010, it was paid KRW 150 million. Since the above other universities or lifelong education institutes did not pay tuition fees, there was no intention or ability to connect students with lectures provided at that place, even if they were paid tuition fees from students.

The Defendant advertised as above and received 840,000 won from the victim D to the bank account in the name of C around December 10, 2009, and 945,000 won from the victim E around March 24, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement of D and E;

1. Certificates of deposit transactions and detailed statement of passbook transactions;

1. A screen by cutting off C’s Internet site data and a bachelor’s degree website;

1. Previous records of judgment: Criminal records, etc. and application of Acts and subordinate statutes to criminal investigation reports (informating similar cases to suspects);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and the choice of punishment. Article 347 (1) of the Criminal Act

1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;