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(영문) 청주지방법원 2020.09.24 2020고단15
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has engaged in the business of producing and delivering educational content with the trade name of B, C, etc. from around 2006 to 2013.

1. On September 201, the Defendant requested a victim D to produce contents for education to be supplied to E, which were known through the job-seeking site at an unspecified place.

However, the defendant did not pay the monthly salary of the office and the monthly salary of the staff due to the failure of stock investment at the time, and did not pay taxes such as income tax and additional tax. Therefore, the defendant thought to use the service cost to be paid individually from the contractor E, and even if he had the victim produce contents according to the service request, he did not have the intention or ability to pay the work cost.

Nevertheless, the Defendant, as if he were to pay working expenses, by deceiving the victim D and caused the victim to complete the production of four educational contents, including the contents for middle school education, S/W development for the use of ICT, the production of sets-up materials for elementary school creative experience activities, and the production of WBI materials for each kindergarten life, and obtained the pecuniary benefits equivalent to the same amount by fraud, not paying KRW 31,321,535 out of the working expenses 39,071,535 won.

2. Around November 2012, the Defendant requested a victim D to provide content production services for education to be supplied to E, stating, “When he/she received four contents, he/she will receive four contents, and if he/she is produced, he/she will make it possible to do so at once.”

However, the defendant did not have the intent or ability to pay working expenses properly even if he had the victim produce contents according to the service request because economic situation like the above Paragraph 1.

Nevertheless, the Defendant deceivingd the victim D and caused the victim to do so on or around March 2013, to produce clean materials for creative experience activities at elementary school and to teach and study the subjects of kindergarten life.

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