beta
(영문) 부산지방법원 동부지원 2017.09.28 2017고단1645

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

The defendant is a person who works as the director of the "C Child Care Center" in Busan Northern-gu B.

Although the Defendant entered into a contract to pay special activity expenses at a fixed amount per hour regardless of the number of originals, the Defendant, as if he/she would have to pay special activity expenses determined according to the number of originals to Co&Co, with the victim’s parents, in the event that he/she would have to pay the special activity expenses to the victim’s parents, and acquired the difference by deceiving the victim’s parents.

On March 2014, the Defendant: (a) had to pay KRW 10,00 or KRW 15,00 for the special activity expenses of KRW 52,00,00,000 for the special activity expenses to be paid to the (ju) C&C Co.; (b) had to induce victims as if the Defendant had to pay KRW 10,00 or KRW 15,00 for the original student as special activity expenses; and (c) had the victims receive KRW 528,00,000 for the special activity expenses from the victims, and acquired KRW 468,00,00 for the difference.

In addition, from that to November 2016, the Defendant deceiving victims through the same method twice in total, such as the list of crimes in the attached Form from that time, and acquired 5,127,250 won in total from victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing the list of transaction records;

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 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;