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(영문) 부산지방법원 2018.05.02 2017고단5839

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who, even though he/she was unable to establish a brokerage office due to a lack of a certified broker, continues to engage in the business of mediating shop salesrooms with a hospital and a pharmacy in the building individually and continues to run the pharmacy establishment brokerage business without registering the establishment of a brokerage office from August 19, 2015.

On February 5, 2016, the Defendant concluded a contract with the Defendant to open the 7th floor of the building in Busan Dongdong-gu E, and with the victim F and G, who is a pharmacist, leased the 1st floor and 7th floor of the E building.

Inasmuch as the above 7th floor conditions are very good to operate a pharmacy on the first floor, D Co., Ltd. and pharmacy lease agreements (a contract for acquisition by transfer of the right to rent) with D Co., Ltd. will be concluded. On the other hand, us will provide us with the premium of KRW 50 million and later deliver the subsidy of KRW 20 million to the doctor of the hospital to be delivered to the hospital in the second floor in order for us to operate the pharmacy well on the first floor.

Even at a harsh time, there was a false statement to the effect that, “If a hospital does not make a sales store in the middle of April 2016, it would immediately return the premium while nullifying the contract itself.”

However, there was no intention or ability to immediately return the premium to the victims when it became impossible for them to manage the premium received from the victims, unlike the Defendant’s idea, when it became impossible for them to promptly return the premium to the victims when there was no intention or ability to immediately return it.

On February 5, 2016, the defendant is the Saemaul Treasury account in the name of the defendant on February 5, 2016.