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(영문) 대전지방법원 2015.01.27 2014고합337

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 19, 2013, the Defendant: (a) concluded a contract with the victim to sell and purchase the above pharmacy building at KRW 1 billion (an agreement to substitute KRW 500,000,000 with the assumption of the obligation) and to sell and take over the above pharmacy premium at KRW 850,000,000 with the victim, and (b) concluded a contract with the victim to take over the above pharmacy premium at KRW 850,000; (c) the existence of an I Hospital, the head of the I Hospital located adjacent to the pharmacy, is proceeding without fail to take over the shares of the above pharmacy; (d) even if one share is not taken over at the same time, the operation of the hospital continues to operate the hospital because there is no influence on the operation of the hospital; and (d) directly confirmed from the J to the effect that the plan to transfer the hospital does not have any effect on the part of the victim. As such, the Defendant would be able to purchase the pharmacy immediately after this hospital.

However, on March 2013, 201, the Defendant, G, etc. was aware of the fact that the KJ, a 1/2 share owner of the building of the above hospital, demanded KRW 1 billion in consideration of the acquisition of shares, and that the KJ, a 1/2 share owner of the building of the above hospital, had to sell the shares of the above hospital building and transfer the above hospital to another place unless the acquisition of shares is made. In addition, the Defendant was requested to request the above acquisition of shares within 2 weeks to prepare for the degree of insufficient KRW 200 million out of the above acquisition fund, and the Defendant was bound to transfer the hospital to another place. Although the KJ did not prepare for the funds required for the above acquisition of shares within the time limit, there was a high possibility that the KJ renounced renounced the acquisition of shares, it later did not have to do so.