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(영문) 서울중앙지방법원 2013.09.25 2013고단1826
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

The defendant is an applicant for compensation, 150,000,000 won, and the application for compensation to D who is the applicant for compensation.

Reasons

Punishment of the crime

1. The Defendant is a person who operates K in the fiveth floor of the Gangnam-gu Seoul Metropolitan Government H building, a company that exports products containing cosmetics, non-influor, celebs, and celebbs, etc., related to the Chinese Category I, to Japan.

On January 1, 2012, the Defendant stated that “In the K K office in the 5th floor of the H building above, the victim E would produce “J”, a kind of product related to Korea, and export it to Japan, and would pay a profit by operating the company with investment funds.”

However, even if the Defendant received an investment from the above victim, it was thought that the Defendant used the said money as operating expenses, such as the payment of wages to the instructors of the International Language Institute operated by the Defendant, and used the Defendant’s personal debt repayment and living expenses. Therefore, the said victim did not have any intent or ability to pay the profit for the investment amount or to repay the said investment amount.

Around January 10, 2012, the Defendant received KRW 20 million from the said victim to a new bank account under the name of the said victim, which is the representative of the IFF, and received KRW 20 million from the same account around January 31, 2012, and received KRW 20 million from the same account on or around January 31, 2012, and written indictment in the attached list of crimes, are stated as follows: “ May 2, 2012” and “cash”; however, according to the following: (a) the statement of complaint and statement of check issuance; (b) reply to the request for provision of financial transaction information (two copies of check records); (c) it is apparent that it is a clerical error in the “written check” and “written check” and “written check ex officio, and thus, shall be corrected ex officio.

It received total of KRW 375 million from 4 victims over 11 times, such as the statement.

Accordingly, the defendant was provided property by deceiving the victims.

2. The Defendant in violation of the Act on the Establishment and Operation of Private Teaching Institutes and Extracurricular Lessons is from August 201 to March 29, 201 without being registered with the competent Office of Education.

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