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(영문) 춘천지방법원 원주지원 2012.09.25 2012고단456

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 9, 2011, the Defendant: (a) at the Defendant’s residence located in Gangseo-gun C and D, “The E-Medical Center is the president of the E-Medical Center, and the E-Medical Center is operating the restaurant with a large amount of income; (b) at least 10 times city workers are guaranteed; (c) in the surrounding areas, the necessary collection at the restaurant will be provided free of charge; and (d) the construction work of an amount equivalent to KRW 180 billion is commenced in the care center; (b) it is possible to operate the restaurant at the construction site; and (c) it is possible to operate the restaurant as well as the construction work of an amount equivalent to KRW 20 billion in the construction site; (d) it is possible to operate the restaurant. At present, there is no patient waiting in the 17 medical center; and (d) it is said that the patient will start to install the restaurant without receiving the patient; and (d) the patient will operate the hospital immediately within the care center.”

However, the Defendant was unable to pay approximately KRW 1.1 billion interest at the time of the above C, D, and E Medical Care Center as a security from around June 2008, and the auction procedure was initiated on October 20, 2010 with respect to the above C, D, and E Medical Care Center, and thus, E, E, Medical Care Center was expected to immediately commence an auction. Since E, from October 2010 to October 201, the Defendant was unable to attract patients hospitalized in the above Medical Care Center, even if the Defendant received money from the victim as a restaurant deposit, the Defendant did not have the intent or ability to have the victim normally operate the restaurant of the above Medical Care Center and make payment of profits.

As above, the Defendant, by deceiving the victim as above, received a total of KRW 30 million from the victim, including KRW 10 million on April 11, 201, KRW 10 million on April 21, 201, KRW 10 million on April 21, 201, KRW 3 million on May 11, 201, and KRW 7 million on May 12, 201, and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes concerning details of transactions of entry and withdrawal;