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Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment for two years and six months.
Reasons
Punishment of the crime
1. Defendant A related to the public offering is the president of the “F Teaching Institutes” located in Gangnam-gu Seoul Metropolitan Government E, and Defendant B is the person who provided interview at the same private teaching institute.
Defendants A could pass a G special screening at the above educational institute students and their parents, and Defendant B, as if the above university professors were aware of, deceiving them by the method of doing so, and conspired to use them by receiving money from them for interview expenses, admission fees, etc.
2. Fraud against victim I;
A. On September 2012, Defendant A: (a) at the pertinent private teaching institute, Defendant A entered the victim’s school with a “sken sexual intercourse; (b) however, the interview test depends on 60% or more; and (c) the interview test is required to take more than money to interview; (d) the students, who work as an instructor in charge of the interview at the Korean private teaching institute and H driving institute, are well aware of the professors, will only take place; (e) the interview requires KRW 80 million; and (e) Defendant B, having been aware of the professors of the said university through Defendant A, was able to enter the said university.
However, in fact, the Defendants did not know of the victim’s father from among the professors of the above university, and had the intent to use the above money for any other purpose. Accordingly, even if the above money was received from the victim, the Defendants did not have the intent or ability to allow the said father to enter the university by such unlawful means as above.
The Defendants conspired to induce the victim as above and received 40 million won in cash from the victim on or around the 27th day of the same month in the name of expenses necessary for interview.
B. On October 2012, Defendant A is insufficient to pass an interview with the victim at the above educational institute on the entrance of the victim in order to pass the interview with the victim, and there is a need for KRW 80 million.