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(영문) 부산지방법원 2015.12.17 2015고단229
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

D, the Defendant’s seat, as the president of the Consulting Institute, was in charge of preparing and managing funds necessary for the operation of a private teaching institute, such as office rents, as the president of the consulting institute in Ulsan-gu E, Ulsan-gu, and G was in charge of counseling on students and parents as the chief of the general headquarters of the above “F.” The Plaintiff operated a private teaching institute by falsely stating that “it may, by providing students with money and valuables to ordinary-friendly professors, university-related situation officers, and PDRs, etc. at the time of university entry or enrollment, or by packing the students’ spectrum through the method of listing and receiving listing, it may be incorporated into the university’s occasional passing and/or medical college desired by students.”

Meanwhile, when the Defendant was unable to return KRW 250 million to D, the Defendant, despite being aware of the operation method of a private teaching institute, conspiredd with D, G, etc. to acquire money and valuables by lending the Defendant’s account under the name of the Defendant to be used in the operation of the private teaching institute, or by registering the private teaching institute under the name of the Defendant with the competent authority, and introducing parents who are neighboring areas.

On November 2013, the Defendant introduced G to the victim H, who is the Defendant’s branch, as an expert in college entrance, and recommended the victim H to be subject to consultation about the issue of transfer into the school of the victim’s father, and G to the effect that “G may transfer his/her father to the school of his/her mother through his/her professor, and may transfer money to the school of his/her mother.” On November 27, 2013, the Defendant received 30 million won from the victim to the agricultural bank account in the name of the I (J) which is the borrowed account used by G, which is the borrowed-name account used by G on November 27, 2013, and acquired 60 million won through a total of four times until December 12, 2013.

Accordingly, the defendant, in collusion with D and G, acquired money from the victim.

Summary of Evidence

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