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(영문) 부산지방법원 동부지원 2012.04.18 2011고단223

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On June 30, 2010, the Defendant was sentenced to imprisonment with prison labor and two years and six months for fraud, etc. at the Busan High Court on January 13, 201, which became final and conclusive on January 13, 2011.

"2011 Highest 223"

1. Fraud;

A. On May 2009, the Defendant made a false statement to the Franman G, a doctor who reported the job offer advertisement of the above Council member, to the victim G, a doctor who found the above Council member's job offer advertisement, stating that “ he/she does not want to establish a hospital any more because of the recent fraud. He/she want to establish a hospital more than the hospital, but he/she borrowed the name of the party and borrowed 500 million won and borrowed 50 million won.”

However, at the time, the Defendant had already been liable for liability of KRW 00 million due to business failure of a convalescent hospital, etc., and had no intention or ability to repay from the beginning, such as providing the Defendant’s property, etc. to the financial institution to ensure the victim’s awareness.

The Defendant had the victim borrow 500 million won in the name of the victim at the new bank credit branch, etc. designated by the Defendant, etc., and received KRW 430 million from the victim.

Accordingly, the defendant was given money by deceiving the victim.

B. On March 2010, the Defendant stated that “The Defendant would provide the sunken apartment as a lodging house at the former hospital’s seat,” which is a doctor who reported the job offer advertisement, to the victim H, who was a doctor who reported the job offer advertisement. If the Defendant borrowed the lease deposit in the name of the Party, 260 million won in the name of the Party, and then borrowed the lease deposit, then the Defendant would pay the loan interest on behalf of the hospital.”

However, there is no intention to seek a full-time collection from the beginning, such as the use of money at will, without providing the victim with a full-time deposit, and the remaining money after seeking a room of three million won for monthly rent and two million won.