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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
The Defendant is a person who works as a teacher of a learning site belonging to the Defendant Company B (hereinafter “B”), and around May 2014, he/she was in charge of the education of the victim C’s children learning site and became aware of it with the victim.
1. On February 2017, the Defendant made a false statement to the victim that “If a person who provides a card sales card from B lends money to B so that he/she can pay the teaching material expenses in cash on behalf of the person, the Defendant would pay the credit card fee for the settlement amount so that he/she can be punished, and thus would have borrowed money by combining the proceeds.”
However, the Defendant was thought to use the above money for personal purposes because it is difficult for the Defendant to meet the cost of living or living with the income at the time, and there was no ability to make profits by means of cash settlement instead of the card, so eventually, there was no intention or ability to pay the above money even if he borrowed money from the victim.
Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving him/her from February 7, 2017 to July 14, 2018, received KRW 19.7 million from the victim by deceiving him/her all of the aforementioned methods nine times as shown in attached Table 1.
Accordingly, the defendant was given property by deceiving the victim.
2. On March 2017, the Defendant made a false statement with regard to the investment of B-listed stocks, stating that “A-listed stocks may be purchased only by a person who has worked as an employee for at least ten years, but if an investment amount is the State, the Defendant would purchase B-listed stocks.”
However, since it is difficult for the defendant to meet the living expenses or living expenses with revenues at the time, he/she thought that he/she will receive the above money and used it for his/her personal purpose, and could look at the unlisted stocks B.