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(영문) 수원지방법원 2014.07.02 2014고단2724
사기
Text

A defendant shall be punished by imprisonment for six 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

On September 26, 2012, the Defendant operated the “C Research Institute” under Article 504 of the Building B in Masung-si, and was subject to a disposition of cancellation of recognition and restriction of recognition for 18 processes, such as computer utilization ability, from the Korea Employment and Labor Gyeonggi-si Office among the victims, and changed the trade name to “D Driving Institute” and conducted vocational counselors, and was recognized by the said office on February 4, 2013, and was subsidized by the said office as KRW 1,296,000 under the pretext of training expenses for vocational counselors for three private teaching students.

However, even if the defendant had been recognized from the above office from the beginning, he thought that he was operating the computer-related process (OA process, Ptotop site, CAD, and tax accounting) rather than the vocational counselor process, and actually operated the above computer-related process, and was given fingerprinting with students who did not actually attend.

Accordingly, the Defendant received a total of KRW 23,868,00,00 from July 26, 2013, including the Defendant, by deceiving the victim as above, and received the above money from the victim, from that time until July 26, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each text and answer statute;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. The Defendant appears to have committed the instant crime in his daily life, the Defendant was in depthed, and the Defendant returned 47 million won to the victim.

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