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(영문) 광주지방법원 2018.07.12 2017고단5871
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is a person operating the Home Testing for the students in Singapore, and the Defendant is a person who, on behalf of the victim C, received the education expenses and tuition fees, etc. of the victim C from the injured party, and paid them on behalf of the injured party D, who is a student in Singapore, on behalf of the injured party.

On October 16, 2015, the Defendant sent school expenses because: (a) the Defendant contacted the victim at the Singing Singing 16 or lower level; and (b) the Defendant called the victim to pay the 12-year school expenses for the victim’s Washington from the Singing 12 school.

G. The purport of “assumed” was to the same effect.

However, the Defendant did not have received a request for the payment of the 12-year school expenses of the victims from her schools.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the remittance of KRW 10 million as school expenses twice from the victim’s account in the name of the Defendant on the same day from the victim; and (c) and (d) received the victim a request for excessive appropriation of school expenses or payment of school expenses in the same manner from June 25, 2015 to September 20, 2016, as indicated in the list of crimes in the attached Table of Crimes.

A false statement was received from the injured party a total of KRW 98,900,200 on 27 occasions.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on account transactions;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The criminal proceeds actually acquired from a crime committed over a long-term period, reflecting the victim’s trust on the grounds of sentencing under Article 62(1) of the Criminal Act, are heavier than 70 million won in the suspended sentence.

However, the defendant.

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