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(영문) 서울동부지방법원 2016.09.27 2016고정1293
사기
Text

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

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

Reasons

Punishment of the crime

On September 2015, the Defendant posted an advertisement stating that the Defendant recruited instructors from “C” private teaching institutes to “C” on Internet carpets.

The defendant shows the list of students and the current status of the deposit of tuition fees to victims E who visited the place on the D 3rd floor in Gwangjin-gu, Seoul, and the defendant shows the current status of the deposit of tuition fees in the above school. The defendant's deposit of KRW 4,660,000 per month after deposit of KRW 6,000,000 per premium, will be paid KRW 2,30,000,000,000 per annum.

“A false representation was made.”

However, in fact, the Defendant only lent the lecture room of the above private teaching institute to the end of the week, but did not operate the lecture room in English, and the rent that the president of the above private teaching institute did not pay normally. Therefore, there was no intention or ability to pay the agreed profit even if he received money from the injured party.

As above, the Defendant: (a) deceiving the victim as above; and (b) on September 6, 2015, under the pretext of the premium for the operation of a private teaching institute from the damaged person; (c)

9.9.1 million won was delivered.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the statement under E in the second police interrogation protocol against the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on investigation reports (hereinafter “C”) F and telephone communications

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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