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(영문) 서울중앙지방법원 2012.09.07 2012고합391
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

2. In the case No. 2012 Gohap391, the defendant

(b).

(f) holding;

3. to 6. Crimes and Case No. 2012,588

Reasons

Punishment of the crime

On June 10, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the judgment became final and conclusive on June 18, 2011.

[2012 Gohap391] The Defendant had an office in Gangnam-gu Seoul Metropolitan Government, Songpa-gu D and Songpa-gu Seoul E, etc. from around 2005 to now, and has been operating the relevant consulting company when entering the university with the trade name of "F" or "G".

1. Around July 2005, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated to the effect that, “In the office of the Defendant in Gangnam-gu Seoul, the victim H was given a lot of contribution admission to the university director, and at this time, the right to recommend students to be admitted as scholarship students. It may be allowed to admit students to the I, J, or K, and thus, the remaining money will be returned, excluding the amount of admission fees of the university which the Plaintiff passed the university who wanted to pass the examination if the Plaintiff would receive money from the university under the name of deposit such as college enrollment fees.”

However, at the time of the above entry, the Defendant was operating a consulting company as above, but did not hold a position as a university director or did not have the right to recommend students, and there was no separate method to admit students to a university that wants students. Since the above business operation was difficult, the money received from the victim H was considered to be used as operating expenses of the above business. However, even if the Defendant received money from the victim H as the name of university enrollment deposit money, there was no intention or ability to return the money to the university that wants children of the victim H.

As such, the Defendant: (a) by deceiving the victim H on August 15, 2005, transferred KRW 30 million from the victim H to the account under the name of the Defendant’s name as university deposit on August 15, 2005; and (b) from that time to March 13, 2012, as indicated in the attached List of Crimes (1).

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