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(영문) 서울중앙지방법원 2018.02.13 2017고단7495
컴퓨터등사용사기등
Text

The defendant shall be punished by imprisonment with prison labor for 8 months and by imprisonment for 4 to 6 crimes as stated in the judgment of the court, respectively, for 8 months.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant was sentenced to a suspended sentence of four months of imprisonment for the crime of embezzlement at the Seoul Central District Court on April 4, 2015, and the judgment became final and conclusive on April 4, 2015.

The defendant is a representative director of H in Gangnam-gu Seoul Metropolitan Government, who has been engaged in the business of arranging overseas study, fishery training, etc. and transferring the study funds from customers to a designated bank of foreign universities.

1. On July 29, 2013, the Defendant: (a) at the above H office, the Defendant used USD 4500,000 from the injured party to the foreign exchange bank account in the name of the Bank in the name of the Bank in charge of the payment of university admission fees and accommodation expenses to the injured party; (b) on January 17, 2014, the amount of KRW 10,70,000 to the Korean bank account in the name of the name of the H in charge of the payment of university enrollment fees and accommodation expenses to the injured party for the injured children; and (c) on January 24, 2014, the Defendant embezzled the injured party’s children by arbitrarily using the company’s operating expenses, etc. in the course of business, which received from the injured party to the Korean bank account in the name of the H in charge of the injured party’s enrollment fees and accommodation expenses for the young children.

2. Around November 28, 2014, the victim BM: (a) the Defendant: (b) transferred KRW 3 million in terms of the expenses for receiving applications from the customer damage; and (c) KRW 57,88 million in terms of registration fees and accommodation expenses on January 14, 2014 to the bank account of the name of the HU and embezzled KRW 32,80,000 for the victim on behalf of the victim; and (b) he/she arbitrarily used KRW 32,80,000 in the amount of KRW 57,80 in the name of the registration fees and accommodation expenses on January 14, 2014.

3. The Defendant, at the above H office around February 2015, received KRW 1,684,00,00 from the customer victim, for the registration of a fish driving school under the condition that he/she will receive a letter of permission to enter a graduate school from a foreign university. If the victim in the future renounces his/her study, he/she shall return the said amount in full. Accordingly, the Defendant agreed to return the total amount of the above amount, and accordingly, the amount of KRW 1,684,00 at the registration fee of a fish driving school.

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