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(영문) 부산지방법원 2014.11.12 2014고정4263

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 201, the Defendant received request from C of the Medical Corporation B Medical Foundation C to find out the construction enterprises eligible to start a hospital, and introduced the construction enterprises of D operation to the above Medical Foundation on or around June 201, 201 by coloring the construction enterprises to run the above hospital directly or through the branch. However, it did not have been delegated by the above Medical Foundation with the authority to select the hospital's security services, cleaning services, etc., which will be selected or newly established, and it did not have been delegated by D with the authority to select the construction enterprises, and even if receiving the funds from the victim, it was considered to be used for personal purposes, such as cost of living.

Nevertheless, around the beginning of June 201, the Defendant, at the G office of the Busan Seo-gu, which was in the operation of the victim E, made a false statement to the effect that “the construction of a convalescent hospital to the Seosan-gun H, and demands the expenses for activities to reduce the hospital’s security services or cleaning services contract,” and immediately received KRW 1 million from the victim as the expense for security services and cleaning services, and received KRW 1 million from the victim on June 15, 201; KRW 2 million on July 26, 2011; KRW 1 million on July 27, 2011; KRW 1 million on August 11, 2011; and KRW 2 million on September 22, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused;

1. Each police statement of E and D;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;