(영문) 서울중앙지방법원 2015.12.11 2015고단5404

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(영문) 서울중앙지방법원 2015.12.11 2015고단5404

사기

Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who has operated a private teaching institute under the name of F.

Around July 23, 2009, the Defendant: (a) at the above F office located in the 14th floor of the building in Jung-gu Seoul, Jung-gu, Seoul; (b) on the part of the Government of the United States of America, the Defendant provided the victim E with a program, etc. to obtain the education of the United States in Korea without studying in the United States; and (c) completed all preparations. The former part of the advertisement was printed out; (d) if the advertising is found, the advertising cost of KRW 300 million is required for the head of the party; and (e) if the Defendant borrowed money to pay KRW 300 million to 50 million, the Defendant would give the H operation right established in the Education Center and set the market value of KRW 500 million as collateral; and (e) at any time before maturity, the Defendant was provided with KRW 260 million from the victim to the national bank account in the name of the F Bank on July 24, 2009 and received KRW 300 million from the victim on the same account.

However, at the time of fact, the Defendant had already been operating the above education center from many persons and had not been repaid with money, and the amount of personal debts and unpaid benefits has reached an amount equivalent to 50 million won, and there was no intention or ability to repay the amount even if the Defendant borrowed money from the victim. The most of the borrowed money used it in the payment of personal debts, etc. of the Defendant.

Accordingly, the defendant deceivings the victim, thereby deceiving 30 million won from the victim.

Summary of Evidence

1. Each legal statement of a witness I, E, and J;

1. Entry of each part of the protocol concerning the examination of the accused by the prosecution;

1. Statement of each prosecutorial statement concerning E;

1. Some statements concerning the suspect examination protocol of each police officer against the defendant and I;

1. An investigation report (in response, K real estate and currency, in currency, and in currency, received from the G side), the Act shall apply 1.

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