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(영문) 의정부지방법원 2016.02.26 2015고단3600
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 10, 2009, the Defendant was sentenced to imprisonment with prison labor for fraud at the Suwon prison on one year and two months on January 31, 201, and completed the execution of the sentence at the Suwon Detention House.

[2015 Highest 3600] On November 10, 201, the Defendant made a false statement that “A victim E who operates a DNA Boperve Driving Schools” on the Dobcheon-si C5th floor of the Dongbcheon-si, Dabcheon-si, operated a F Music Driving Institute, and the victim H who operates a Art. H. shall be paid for one-month private teaching institute cost per each person who is a private teaching institute student and shall be calculated as KRW 30,000 per each person who is expected to be recruited, and shall be paid for the activity cost.”

However, even if the defendant received money from the above victims, he did not have the intention or ability to solicit students.

Accordingly, the Defendant, as such, by deceiving the above victims, received KRW 1.5 million from E (30,000 x 50 x 50 ), KRW 90,000 from G (30,000 x 30) from G, and KRW 600,000 from H (30,000 x 20) from H as activity expenses.

[2015 Highest 3842] On December 3, 2012, the Defendant would invite 30 students to the victim M from the Seongdong-gu Seoul Metropolitan Government K 2'L driving school. From December 12, 2012 to January 30, 2013, the Defendant would offer 30 students to the victim M.

The phrase “the phrase was false.”

However, even if the Defendant received money from the injured party, he did not have any intention or ability to attract students in a private teaching institute.

Ultimately, the Defendant, as such, was accused of the victim, and was remitted KRW 900,00 to the victim as activity expenses.

[2015 Highest 4014] On December 19, 2012, the Defendant recruited 30 students by publicizing 90,000 won to the nearby apartment residents at the “P private teaching institute” office for the victim’s operation N or 703 of the Yongsan-si Suwon-si Seoul Metropolitan Government (N or 703).

“ ........”

However, the Defendant received money from other private teaching institutes operators under the same name at the time.

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