A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant is a person who operated a Chinese study center under the trade name "D" in Seocho-gu Seoul Metropolitan Government C building 3101.

The Defendant started to operate the said D Study without any fund to operate a private teaching institute, and the E-middle schools and F-middle schools located in China that sent the students to study in the Republic of Korea on a one-year basis that the Defendant was able to pay school expenses on a six-month basis in consultation with the above schools, but the Defendant was able to pay school expenses on a one-year basis. The Defendant was able to use the school expenses received from the students from the students in the school as the operating expenses of a private teaching institute without notifying the aforementioned facts, and paid one-year school expenses from the students in the above schools and used the remainder as the operating expenses of a private teaching institute. The lack of school expenses for the existing students in the school has a plan to pay the school expenses received from the students in the newly entering the school, so it is impossible to operate the private teaching institute, and even if receiving school expenses from the students in the school, there was no intention or ability to pay them as school expenses.

Nevertheless, the Defendant, through the above study institute, demanded the victim H who was sending children G to F Middle Schools to pay one-year study expenses, and the Defendant received KRW 10,000,000 from the victim to the new bank account in the name of the Defendant on February 11, 2011, and received KRW 10,000 from the victim to the new bank account in the name of the Defendant. From that time until August 19, 2011, the Defendant acquired a total of KRW 89,192,200 from the victims on nine occasions through the said method.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and H;

1. Each complaint;

1. A Fronology certificate;

1. Receipts without passbook payments;

1. A statement of telephone transfer;

1. Each statement of transfer;

1. A written contract for study;

1. Each notarial deed;

1. Application of Acts and subordinate statutes to a report on investigation (Adjustment of details of remittance from study);

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. The Criminal Act among concurrent crimes.