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(영문) 부산지방법원 2018.07.24 2017고정2482

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of the C Child Care Center in Busan Jin-gu, who is in charge of the operation of the overall child care center including the conclusion of contracts related to special activities and the receipt of expenses, etc., and D is the representative of Fgu Busan Busan District Branch Office (hereinafter referred to as the "Sgu Branch Office").

On March 2014, the Defendant entered into a contract with D to provide music education programs for infants once a week from the Busan branch office to the above child care center operated by the Defendant, and actually paid a certain amount of money such as KRW 300,000 per month to the Busan branch office of Busan branch office, but in the contract, he did not pay the price so that it can be calculated in a way that it is stated that the amount is calculated, and then received it in excess of the difference from the guardians of the above child care center, and received it by fraud.

Therefore, on May 2014, the Defendant, even though the special activity cost of the child care child’s care child’s care is a fixed amount of KRW 300,000 per month, the special activity cost per infant per child is KRW 10,000,00,000, and the victim received a total of KRW 330,000 from the victims to receive a total of KRW 330,000 from the victims as a special activity cost.

In addition, from around that time to October 2016, the Defendant: (a) by deceiving victims through the aforementioned 16 times, such as the list of crimes in the attached list of crimes; and (b) by deceiving them the victims through the above 1730,000 won in total, from the victims.

Summary of Evidence

1. Legal statement of the witness D;

1. Tuition transfer receipts, copies of seized books, written consent for special activities, and the application of Acts and subordinate statutes of each transaction agreement;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.