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(영문) 서울중앙지방법원 2015.09.17 2015고정3067

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and B conspired to receive money under the name of hospital takeover.

On January 2013, at the D office located in Daegu-gu, Daegu-gu, the Defendant stated that “B operates F, a company that takes over a new hospital building or existing hospital building and raises profits from selling the difference,” the Defendant would pay the 10% profit per month and guarantee the principal after four months. However, the Defendant and B did not have the intention or ability to take over the hospital, and did not have any intent or ability to pay the return of the investment amount and the return of the profits that the Defendant promised to pay to the victim.

On February 14, 2013, the Defendant and B, as such, received KRW 20,000,000 from the victim by deceiving the victim as such, and received from the victim the sum of KRW 135,00,000,000 from July 8, 2013, as shown in the list of crimes in attached Form B.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Statement No. 2 of E among the suspect interrogation protocol of the second police as to B;

1. Application of the detailed statement of transactions of ordinary deposits and the Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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