사기등
A defendant shall be punished by imprisonment for not less than eight months.
An application for compensation by an applicant for compensation shall be dismissed.
Punishment of the crime
1. The Defendant, from early 2010 to November 201, in relation to the victim C, was a person who had operated the “EFAD branch office” on the fourth floor of the DFD building in the Geumcheon-gu Busan Metropolitan City, and operated a business in the form of receiving fees by recruiting students and sending them to the head office by proxy for all underwater duties and receiving training expenses.
On October 21, 2010, the Defendant made a false statement to the effect that “A victim C, who provides telephone counseling at the office of Busan branch of the fish farming institute, will send six weeks of fishing training to the Philippines from December 16, 2010 to January 29, 201.”
However, the Defendant did not have the intent or ability to send the victim’s wife and his/her dependants, even if he/she received the transfer of the expenses for the fishery training from the victim because the Defendant had a large debt at the time, and the said branch office was not operated properly.
Nevertheless, on October 22, 2010, the Defendant: (a) by deceiving the victim; (b) obtained 200,000 won from the account of community credit cooperatives (F) under the name of the Defendant on October 22, 201; and (c) obtained 3,466,000 won from the above account on November 12, 2010, and acquired 3,66,000 won in total.
2. On September 20, 2010, the Defendant against the victim G made a false statement to the effect that “The Defendant would have the victim and two children receive the course of study from EFK located in the Philippines from January 2, 2011 to January 29, 2011.”
However, in fact, even if the Defendant had a debt at the time and did not properly operate the branch office of the above fish driving school, he did not have the intent or ability to send two victims and two children to the language training.
Nevertheless, on September 27, 2010, the Defendant, by deceiving the victim and deceiving the victim, 300,000 won from the Busan Bank account (H) under the name of the Defendant on September 27, 201, and educational expenses and accommodation expenses on December 3, 2010.