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(영문) 청주지방법원 2016.04.26 2015고단1275
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From December 30, 201 to August 30, 2012, the Defendant operated D private teaching institutes from the fifth floor of the building C in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and from September 1, 201 to August 30, 2014, F private teaching institutes from the beginning of September 1, 2012 to the end of August 30, 201, respectively.

1. On February 3, 2012, the Defendant: (a) at a D driving school located in the fifth floor of the Heung-gu Seoul Building in Chungcheongnam-gu, Chungcheongnam-gu; (b) “The victim G requires advertising expenses and other operating expenses to operate a driving school; (c) KRW 30 million by January 31, 2014 until January 31, 2014; and (d) separately commissioning as an operator’s literary member and paying KRW 1.2 million per month advisory fee.

“A false statement was made to the effect that it was “.”

However, the Defendant did not have any intention or ability to pay the money that he received from the injured party because the Defendant did not properly operate the private teaching institute.

As above, the Defendant: (a) by deceiving the victim as above and receiving KRW 30 million from the victim under the pretext of borrowed money, etc. on or around February 6, 2012; (b) from around that time to December 6, 2012, the Defendant was issued KRW 45,817,500 from the victim on four occasions, as shown in [Attachment Table 1-4 [Attachment Table 1] to December 6, 2012.

2. On March 15, 2013, the victim H lending KRW 20 million to the victim H on or after one year and six months and 400,000 per month, if the victim H borrowed money to lease the building of the IB.

“A false representation was made.”

However, the Defendant was thought to use the above money as operating expenses of the FF driving school, and since there was no proper operation of the school, there was a situation where each month was made, so there was no intention or ability to repay the money from the injured party even if he borrowed money.

As above, the Defendant: (a) deceiving the victim as above; (b) received KRW 20 million from the victim on or around March 15, 2013 under the pretext of borrowing money from the victim; and (c) from around that time to August 5, 2014, the Defendant paid KRW 70,415,00 from the victim over eight occasions, such as [Attachment Table Nos. 5-12] from around that time to around August 5, 2014.

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