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(영문) 수원지방법원 안양지원 2018.05.01 2017고단504
사기
Text

Defendant

A Imprisonment with prison labor for one year, for eight months, and for ten months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant A used the provisional name of “G”, Defendant B, etc., the provisional name of “H”, and Defendant C, “I”, etc. from June 2014 to the name of “K” and “L” in foreign language language teaching materials sales business.

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.

Accordingly, from May 2016 to October 2016, the Defendants made several calls at the above L Office, and made several calls, and “The Defendants would be able to receive a refund of the pre-existing English language teaching material cost”, “in order to make a refund, the customers shall subscribe to L members in the form and shall make an additional payment under the name of new subscription.” “In order to refund the pre-existing teaching material cost, there is no need to know about theme to prevent the cancellation of the settlement even if the additional payment would be made,” and “The additional payment may not be cancelled even because the additional payment would not be cancelled if the additional payment was not made.”

However, in fact, the Defendants did not have the authority to refund teaching material costs from the company that purchased the previous English translations, and there was no intention or ability to cancel the amount of the existing teaching material cost or the additional payment for the victim M because the victim M was thought to use the additional payment for personal purposes.

Defendants are paying in cash the sum of KRW 59,094,298 from May 17, 2016 to October 17, 2016 by the victim M.

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