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(영문) 서울중앙지방법원 2018.10.24 2017고단8025
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, together with her husband, is a person who operates a school researcher (one week) D (one week E) located in Seocho-gu Seoul Metropolitan Government C Building 402 from July 2008 to November 201, 2016.

1. On January 8, 2016, the Defendant against the victim F, who wishes to study in Australia at a U.S. U.S. educational institute “E”, will act on behalf of the Defendant for the admission to the Australian Brist University at the same time and the registration of G Gi language educational institute if he/she transfers money to the victim.

The phrase “ makes a false statement.”

However, from around 2014, there was a difficulty in operating a private teaching institute to the extent that it is difficult to pay wages or retirement allowances to its employees, and was preparing business expenses of a private teaching institute to lend money under the pretext of investment, and was unable to repay the money borrowed under the pretext of investment, and thus, there was no intention or ability to act as an agent for studying even if he/she received money as an agent for studying by inviting applicants for enrollment and registration of a foreign teaching institute located in Australia.

Around January 11, 2016, the Defendant received KRW 2,00,000 from the damaged party to the said bank account with the name of the Defendant’s bank account; KRW 8,300,000 from the said account around January 14, 2016; KRW 11,500,000 from the said account around January 18, 2016; and KRW 879,405 from the said account around February 17, 2016, respectively.

Accordingly, the defendant was given a total of 22,229,405 won by deceiving the victim.

2. On February 2016, the Defendant’s fraud against the Victim H was to act on behalf of the Victim who wishes to study in Australia in the instant U.S. E E’s U.S. educational institute on behalf of the Victim with the registration of the I.S. educational institute located in Australia at the first time.

The phrase “ makes a false statement.”

However, in fact, since around 2014, it was difficult to operate a private teaching institute to the extent that it is difficult to pay wages or retirement allowances to its employees, it was preparing business expenses of the private teaching institute to lend money under the pretext of investment, and was unable to repay the money borrowed under the pretext of investment. Therefore, the registration of the Korean Language Research Institute located in Australia is required.

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