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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2013 Highest 3985]
1. On August 31, 2010, the Defendant, at around 22:00, told the victim D, who wishes to apply for an Internet lecture of ASEAN at the victim D’s house located in Gwangju Mine-gu 103 1408 dong 1408, the Defendant, saying, “The Defendant, on the part of the State, would allow ASEAN to join the F’s remote learning teaching materials and content program as a member of 1.6 million won per month, thereby allowing ASEAN to attend the English and educational Internet image lectures for one year.”
However, even if the defendant received tuition fees from the victim, the defendant did not have any intention or ability to make the victim's children hear the lecture for one year.
Nevertheless, the defendant received from the victim a card slip with the number of 160,000 won in cash and 1920,000 won in the foreign exchange card under the victim's name, respectively.
2. The Defendant received tuition fees as above from the victim, and around September, 2010, told the victim’s children to hear their lectures, and subsequently, told the victim to terminate the contract with the victim who did not receive lectures due to the operation of the private teaching institute.
On December 24, 2010, the Defendant made a false statement that “In order to terminate the contract, the Defendant would deposit the tuition fees of KRW 640,000 up to the present time.” On the other hand, the Defendant would cancel the approval of credit card and refund the full tuition fees of KRW 19,20,000.”
However, as the defendant used the card card of KRW 1920,00 which was received as a tuition fees from the victim to pay the drinking value in the entertainment tavern, the defendant did not have the intention or ability to cancel the approval for the settlement of the card even if he receives 640,000 won from the victim.
Nevertheless, the defendant received 640,000 won from the victim's account in the name of the defendant.
[2013 Highest 5150]
1. The Defendant is the victim H in G around December 7, 2012.