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(영문) 대전지방법원 천안지원 2016.05.20 2015고단1008 (1)

사기

Text

Defendant

The imprisonment with prison labor for six months and the imprisonment for the defendant B shall be set forth in four months.

except that this judgment.

Reasons

Punishment of the crime

On December 3, 2012, Defendants and C are taking the procedure for acquiring Asan E Hospital from Defendant B’s office located in Seo-gu, Seo-gu, Seo-gu on December 3, 2012 to victims D.

At the time of acquisition, the above hospital's office is called as "the demand for KRW 50,00,000 to operate the hospital's clinic", and around December 24, 2012, Defendant B prepared a contract with the victim and entered into a contract with the performance guarantor, Defendant A entered into a contract with the performance guarantor, and Defendant C receives KRW 50,000,000 from the victim by the passbook in the name of the head of the Tong.

However, Defendant B did not enter into a contract to take over the medical corporation F which operated Asan EF sources, and provided that the medical corporation F entered into a contract to take over the medical corporation F.

G entered into a contract for the acquisition of the claim from G on November 28, 2011. Since G filed a lawsuit for the return of the purchase price against the transferor on or around August 10, 2012 on the premise that the said underwriting contract was null and void, Defendant B had no possibility to take over the hospital around December 2012, and Defendant A and C knew of the fact. Thus, even if the victim received KRW 50 million from the victim, the Defendants and C did not have any intent or ability to force the victim to take over the drug room within the hospital, or to operate the hospital room.

Defendants and C conspired, as seen above, by deceiving the victim as above, and then delivery KRW 10,00,000 to the H association head around December 3, 2012, and KRW 20,000,000 around December 4, 200 of the same year, and KRW 20,000,000 around December 24, 201 of the same year, to the Defendant’s name as the deposit money.

Summary of Evidence

1. The witness C and G respective legal statements;

1. To state some of the statements made by witnesses D and I in the fourth public trial protocol;

1. C and each prosecutor’s protocol on the interrogation of suspect against the Defendants are written.

1. Statement made by the police against D;

1. The investigation report (B E hospital.).