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(영문) 수원지방법원 안양지원 2018.09.06 2018고단838
사기
Text

Defendant

A Imprisonment of 10 months, Defendant B imprisonment of 8 months, and Defendant C of 6 months, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

On May 1, 2018, the Defendants of the criminal records were sentenced to one year of imprisonment with prison labor for Defendant A, two years of suspended sentence for Defendant B, and two years of suspended sentence for Defendant C in October, and two years of suspended sentence for Defendant C, Defendant A appealed against the above judgment, but the judgment dismissing appeal was sentenced. Defendant B and C were still pending in the final appeal trial, and Defendant B and C became final and conclusive around May 9, 2018.

Criminal facts

Defendant

A used the provisional name of “I”, “J”, etc., and Defendant C used the provisional name of “K”, etc., and Defendant B, around October 17, 2013, operated a sales business of communications of foreign language language materials in the name of “M” and “N” in the officetels No. 1201, Mapo-gu Seoul Metropolitan Government L/ 1201.

The Defendants conspired to acquire money under the name of the customers who purchased foreign language language teaching materials from other companies in the past, by inserting a list of customers who purchased foreign language language teaching materials, by telephone to the customers, to refund the purchase price of the existing teaching materials.

1. On October 17, 2013, the Defendants would be able to receive a refund of the amount of teaching materials in English in the previous English language under the settlement of accounts.

In order to receive refund, the card should be settled again, and the false statement was made.

However, in fact, the Defendants did not have been authorized by the victimO to refund the teaching material cost from the company that purchased the English language language, and there was no idea that the victimO would use all the money that the victimO paid for for as an individual purpose, so there was no intention or ability to cancel the amount of the pre-existing teaching material cost or the additional payment.

Nevertheless, from October 17, 2013 to January 19, 2017, Defendants were paid KRW 54,560,500 in total from the victim P, as shown in paragraphs 1 to 15 of the attached Table of Crimes.

2. The victim;

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