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(영문) 의정부지방법원 2018.10.19 2017고단4723

사기

Text

Defendant

A Imprisonment for one year and each of the defendants B shall be punished by imprisonment for eight months.

Defendant

Of the facts charged in this case against A.

Reasons

Punishment of the crime

On June 3, 2016, the Defendants were sentenced to the punishment of Defendant A for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and Defendant B for a period of four years of imprisonment for a period of four years, and Defendant A for a period of four years of a suspension of execution for a period of two years and six months, respectively, and the judgment became final and conclusive on March 16, 2017. Defendant A was sentenced to a suspension of execution for two years of imprisonment for a reason of fraud, etc. at the Jung-gu District Court on May 17, 2016, and the judgment became final and conclusive on September 28, 2016. On February 8, 2018, the Government District Court sentenced Defendant A for one year of imprisonment for a crime of fraud at the Government District Court on April 20, 2018.

The Defendants, while non-medical persons, established “C” which is a non-profit medical corporation in the form of November 8, 2012, and operated until February 6, 2013 by establishing the “E convalescent Hospital” from “Evalescent Hospital” in the name of the said Foundation, in the name of the same Foundation, on February 6, 2013.

around April 2015, Defendants purchased three parcels of the victim G in Jongno-gu Seoul Metropolitan Government from the husband's office in Jongno-gu, Seoul, and tried to newly establish a convalescent hospital by purchasing three parcels of the victim G from the victim G to the victim's office.

In order to make an investment, the president of the convalescent hospital will be given the status of the president and the profits will be paid in the form of monthly pay.

However, in fact, C and E convalescent was under investigation by an investigative agency as well as not only did not have been properly sold at the time, but also the term "office hospital". Thus, there was no intention or ability to newly establish a convalescent hospital or to pay profits from the victim.

In collusion, the Defendants, through the above-mentioned account in the name of the said Foundation designated by the Defendants for the purpose of investment funds from the injured party, and the account in the name of the existing investors I, obtained KRW 60 million around May 14, 2015, KRW 50 million around May 27, 2015, KRW 50 million around May 28, 2015, KRW 50 million around May 28, 2015, and KRW 10 million around June 1, 2015, and acquired it by fraud. < Amended by Act No. 13306, Jun. 1, 2015.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Each legal statement of a witness G, I and J;

1. Purchase of land; and