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(영문) 부산지방법원 2018.07.19 2018고정53
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around March 2014, the Defendant conspiredd with the representative of the F branch office in Busan, Co., Ltd., Ltd. (hereinafter “E”) that is the provider of infant music programs at the above childcare center in Busan, Young-gu, Busan, and acquired the amount of KRW 33,00,00 from the victims to receive KRW 940,00,00 in total from the victims of the above childcare center, and transferred the amount of actual special activity expenses to the F, as the Defendant would have to pay the special activity expenses determined according to the number of the original students, although the Defendant entered into a contract to pay the special activity expenses at a fixed amount per hour regardless of the number of original students.

In addition, from that time to November 2016, the Defendant, as described in the list of crimes in attached Form 2 to that time, got the victims listed in the above method and acquired the total of KRW 4,878,00 through 17 times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the prosecution against the F;

1. Investigative Report (in relation to the correction of the amount of E-Seizure and Refund Embezzlement), Investigative Report (Attachment to the Regulations on Execution of Special Expenses for Health and Welfare committed), Investigative Report (Attachment to the Regulations on Execution of Activities for Health and Welfare), Investigative Report (Access to the Statement of Parent's Telephone), Investigative Report (E) (Attachment to the Copy of Fraudulent Written Indictment against F in Busan Branch Office);

1. Application of Acts and subordinate statutes, such as inquiry of transaction details and written consent to payment of necessary expenses;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the motive and background of the crime, the actual profits of the defendant, the confession of the crime and his mistake, the primary crime without the record of the crime, and the age and health of the defendant.

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