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(영문) 인천지방법원 2014.05.27 2014고단1061

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Even if the Defendant is not a doctor, the Defendant was a person who, from October 29, 2010, took over and operated the D Hospital located in Yeonsu-gu Incheon Metropolitan City C, and the victim E is a person with intellectual disability 3, who became aware of the relationship between the office of the attorney-at-law office appointed by the victim and the client in order to compensate for damages caused by traffic accidents.

The defendant knew that the victim with a physical disability 3 suffered a considerable amount of money as compensation for traffic accident, and borrowed 50 million won from the victim on November 12, 2010 to the hospital equipment and staff's monthly salary, etc. on or around December 22, 2010, and 15 million won on or around December 22, 2010 to the hospital, but the hospital was in the state of being accumulated without any profits due to its operation. Accordingly, the rent for the hospital building was not paid, and the apartment owned by the defendant had no intention or ability to pay the rent out of the rent out of the lease deposit. The apartment already borrowed 120 million won as security for the hospital operation while operating the hospital, and there was no other specific property and there was no intention or ability to pay the rent out of the victim.

Nevertheless, the defendant did not notify the victim of such circumstances and did not want to borrow money from the victim for the purpose of hospital operation expenses.

1. Around August 2011, 201, the defrauded concluded that “Around August 2011, the Defendant would have lent money to the victim with the hospital operating funds, with the amount of KRW 65 million prior to the lending of money to the victim.”

However, in fact, there was no intention or ability to pay back money even if the status of the hospital operation and the personal property of the defendant borrowed money from the victim as above.

Around August 30, 2011, the Defendant, by deceiving the victim, is the president of the above D Hospital.