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(영문) 부산지방법원 동부지원 2017.12.13 2017고단1370
사기
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On September 2014, the Defendant, as the representative of the F Child Care Center in Busan Northern-gu, sought 15,000 won per month for special activities and special trees of H, a company providing infants music programs, by demanding parents, such as victims G, etc. of the above Child Care Center, and drafted a contract on the condition that the Defendant would pay 15,000 won per infant, who received music education for the representative of the branch office of Busan in Busan, and for the group of children, receive education for the group of 15,00 won per infant.

However, the Defendant paid KRW 780,000 for tuition fees based on the above contract, and the actual tuition fees calculated as KRW 100,000 per education hour and deducted 10% of the difference paid as KRW 280,000, which is more than the actual tuition fees, and then the Defendant shall be refunded KRW 252,00 in cash.

Nevertheless, on September 2014, the Defendant, at the above childcare center, did not settle the tuition fees that he would receive a refund of some of the tuition fees for special activities from the said G and others, and did not fully notify the parents of the fact that he would use the tuition fees that he would use at will, and claimed the total amount of the tuition fees as the tuition fees as if he would actually use them as the tuition fees, and was additionally granted KRW 252,00,000 from the parents of the said G and others.

From around that time to November 2016, the Defendant: (a) by deceiving victims who are parents of child-care centers in accordance with the foregoing method as indicated in the list of crimes attached hereto; and (b) received an additional amount of KRW 11,99,250 equivalent to the difference between tuition fees and actual tuition fees out of the funds received from victims as special activity expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to J;

1. The Act and subordinate statutes stipulate investigative reports (abundance, including rebates account books and copies of relevant case transfer notes).

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