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(영문) 청주지방법원 2019.11.29 2019고정250
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Cheongju District Court, which became final and conclusive on June 8, 2019.

【Criminal Facts】

The Defendant is a person who operated a Ccultural Center (hereinafter referred to as the “cultural center”) in the fourth floor of the building in the Cheongbuk-si, the Cheongbuk-si, and a D building in the Cheongbuk-gun and Edong, respectively.

On September 9, 2017 and December 2, 2017, the Defendant sent a false statement to G, who is an instructor dispatch company, who is a victim (F) employee of the Defendant, to the first patrol officer, and to the effect that the Defendant would pay the instructor fee after the completion of the principal class.

However, the defendant did not have any intention or ability to pay tuition fees, as agreed, even if he is dispatched from the victim.

As above, the Defendant, by deceiving the victim, was dispatched to the innovation store of the Cultural Center from September 1, 2017 to November 30, 2017, and from December 1, 2017 to February 28, 2018, and acquired pecuniary benefits equivalent to KRW 6,027,49 (innoculation point 3,414,166, 2,613,333 won) for each of the above periods.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The police statement concerning G;

1. A written petition;

1. Investigation report (No. 1, 7, 17, and 18 No. 18 of the evidence list);

1. Documents related to bankruptcy, details of account transactions, and written decisions on bankruptcy;

1. Records before and after judgments: Criminal history records, investigation reports (No. 19 No. 5 of the evidence list), each judgment, and application of Acts and subordinate statutes to the summary of the agreement of the case;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the relevant criminal facts and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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