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(영문) 서울남부지방법원 2017.05.12 2016고단5419
사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the violation of the Labor Standards Act regarding D was committed.

Reasons

Criminal facts

[2016 Highest 5419] The Defendant is a person who actually operates G Private Institutes Co., Ltd. (HH driving institutes), a specialized driving school at the time of reproductive entry in the 7th floor in Yangcheon-gu Seoul and the same Gu F Building.

On June 18, 2016, the Defendant: (a) committed an act as if the class of a private teaching institute would normally take place at the said private teaching institute; (b) received in advance tuition fees from the injured party in August 2016 and September 2016.

However, at the time, the above private teaching institute was rapidly 230 students who were 400 students around 2013 and 200 students around 20 years around 2015, and on the financial statements, the assets in the year 2015 are KRW 4,535,490,856, compared to the assets in the financial statements, at least 90% of the amount of liabilities to be 4,126,684,397, the facts charged are stated as “at least 10%” but this appears to be a clerical error in the statement of “at least 90%.”

In 2015, the monthly sales of the above private teaching institute were about KRW 150 million, and the monthly expenditure was about KRW 330 million, and the deficit of each month was about KRW 120 million, and on December 2015, the rent and the management cost of the private teaching institute in arrears was about KRW 374,469,00, and the demand for eviction from the building owner was made, while the rent and the management cost in arrears was paid in June 2016 while maintaining the lease contract, the rent and the management cost in arrears was about KRW 60,00,00,000, and it was difficult to operate normally.

As such, the Defendant, by deceiving the victim I, received KRW 892,00 as a tuition fee for the second-month advance payment from the above victim, and acquired it by deceit, and received KRW 251,601,10 as a total of 204 victims from June 2016 to August 201 of the attached Table 1 as well as from June 2016.

[2017 Highest 1395] Defendant is Yangcheon-gu Seoul E and .

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