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(영문) 서울중앙지방법원 2014.05.13 2014고단386
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant established C (Change of D's trade name after April 2000) in Australia, and performed affairs such as paying school expenses, applying for medical insurance, application for student visa, etc. on behalf of the Korean students.

On May 2, 2000, the Defendant made a false statement that he would act on behalf of the Defendant at a discounted price upon being requested to act on behalf of the Plaintiff E to act on behalf of the registration of an IT “IT” course.

However, the defendant had already received the money from the victim in the past, but did not have the intention or ability to substitute the above "Excelsior Cllee" only when he thought that he will use the unpaid school expenses, etc. of others exclusively used in other places.

The Defendant received USD 1,910 from the victim for the same day school expenses, etc. (in the amount of USD 1,203,300 from the time to August 3, 200, the Defendant received USD 25,845 (in the amount of USD 16,552,916) in total from the victim E, etc. by the same method, from August 3, 200.

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Recording notes;

1. Each investigation report (for the purpose of this case, hearing of the victim's telephone statement and making it impossible to summon the victim, and attaching the prosecuted part to the exchange rate);

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is a case in which the defendant deceivings the family students as if he will act as an admission registration agent, and the victim is a majority of the victims, and the damage suffered by the victims is not easy, but the crime is committed by the defendant on the other hand.

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