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(영문) 부산지방법원 동부지원 2014.09.17 2014고단970
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant was a person who has operated a teaching institute of middle and high school students with the trade name "D" on the fourth floor of the Busan East-gu C building in Busan, and was aware of the victim E with the first and third hearing disability and the victim E with the third hearing disability and the Busan Southern-gu F.

1. On July 24, 2012, the defrauded of the cost of acquiring a private teaching institute: “A victim shall be paid interest of 1.6% per month if he/she has operated another private teaching institute, intends to take over another private teaching institute, and borrowed money with the cost of taking over at the expense of acquiring it,” and the victim shall have received KRW 10 million from the victim to the Defendant’s bank account in terms of the cost of taking over the private teaching institute on the same day. From around that time to October 18, 2012, the Defendant received KRW 46 million in total on six occasions, as shown in the attached Table of Crimes (1).

However, in fact, the Defendant had no particular property at the time and operated the said private teaching institute by lending from another person as the lease deposit for the said private teaching institute, and the Defendant had been in excess of the liability amounting to KRW 100 million in the name of the Defendant and his spouse, such as borrowing money from the said employee, and thus, even if the Defendant borrowed money from the victim, there was no intent or ability to pay the money normally.

After all, the defendant deceivings the victim and received 46 million won from the victim.

2. The Defendant’s fraud of operating expenses of a private teaching institute means, from March 1, 2013 to March 1, 2013, the fact that the Defendant had the victim worked as an instructor in the foregoing “D” teaching institute operated by the Defendant, and on the 12th day of the same month, the victim reads that “it is difficult to operate the private teaching institute at present, because it is possible to repay the interest or principal of the borrowed money that should be operated well, so that the Plaintiff may lend the operating expenses of the private teaching institute,” and that the Defendant received KRW 3 million from the victim on the same day, including that he received KRW 3 million from the victim in the vicinity of the private teaching institute at that time, is attached

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