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(영문) 광주지방법원 순천지원 2012.02.09 2011고단334

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On April 2010, the Defendant told the Victim F of the “EAAD” office operated by the Defendant at early 2010, the Defendant stated that “The Victim F will be accompanied by G to the U.S. travel by preparing for all travel, such as planning travel expenses on the face of the week.”

However, even if the victim receives travel expenses from the victim, there was no intention or ability to allow the victim to travel to the United States.

The Defendant, as such, by deceiving the victim, received KRW 10,019,490 from the victim four times as shown in the list of offenses in the attached Table 1.

2. On January 28, 2010, the Defendant sent a phone to the victim C at the said private teaching institute on January 28, 2010, saying, “I will not send a good opportunity to attend the course of study to the HH school located in the U.S. Oral Ocean in January and February of the year,” and sent KRW 3,533,250 under the name of the deposit and tuition fees in the Republic of Korea, and if sent, I sent it to another student.”

However, at the time, the Defendant was in a situation where approximately KRW 570 million bank loan obligations, approximately KRW 200 million personal loan obligations, and approximately KRW 6 million monthly interest were borne by the Defendant. Even if the Defendant received the above money from the victim, he was thought to be used for other purposes, such as the U.S. travel expenses, living expenses, etc. of himself and his family members, so there was no intention or ability to send the victim’s child to the U.S., and the said U.S. school made a false statement that the Defendant required the victims to pay the deposit to the language trainees in the said U.S. school.

The Defendant, in its possession, received KRW 3,533,250 from the victim to the Agricultural Cooperative (J) account in the name of I on January 29, 2010, and as shown in attached Table 2 from around that time to October 22, 2010, the sum of KRW 46,905,020 from the victim C, K, L, M, and N over 33 times in the above manner, as shown in attached Table 2.