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(영문) 창원지방법원 밀양지원 2016.12.08 2016고단51
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, “2016 Highest 51,” operated “F” in Changwon-si E, and received language training expenses from students wishing to receive language training, signed a separate entrustment contract with a foreign local language training company, and entered into a contract with a foreign country to send language training to the students. The victim G is a person who operates an “I stock company” in the name of “H” in the Philippines, and entered into an entrustment contract with the Defendant for local language training in the Philippines.

When the Defendant entered into an entrustment agreement with the victim on the part of the Republic of Korea, the Defendant agreed to pay the victim the education fee for the language training within a certain period after the completion of the training course, and the air fee was paid immediately to the victim after the receipt of the airline ticket. However, the Defendant thought that most of the expenses for the language training that the Defendant received from the students were used as the expenses for the preparation of the English camp operated by the Defendant and the expenses for the operation of a private teaching institute, and that the Defendant did not prepare the surplus funds to be paid for the training.

1. On October 2012, 2012, the Defendant: (a) provided the victim’s 2nd overseas training camp for the second floor of the J University Building in Yannam-si, Jinnam-si; (b) provided the victim’s son’s children at J Foundation with foreign language language training for four weeks from December 23, 2012 to January 19, 2013; (c) provided the 5080,000 won of the aviation ticket fee immediately after receipt of the airline ticket; and (d) provided the victim with a total of KRW 15,10,000,000 for the training expenses within 10 days from the camping end; and (d) provided the victim with the Korean language training service on behalf of the market owner around December 23, 2012; and (e) paid the 1,510,000 won to the Defendant’s children as an employee of the J Foundation; and (e) provided the Plaintiff’s economic benefits equivalent to KRW 15,51810,010,000.

2. The Defendant on June 2013

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