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(영문) 창원지방법원 2015.07.09 2014고합285

사기등

Text

Defendant

A shall be sentenced to five years of imprisonment and fine of 5,00,000, with respect to the crimes of Articles 1 through 6 and 8 through 12.

Reasons

Punishment of the crime

[criminal power] On November 18, 2010, Defendant A was sentenced to two years and four months of imprisonment for fraud, etc. at the Changwon District Court on January 18, 201, and the judgment became final and conclusive on February 29, 2012, and the remaining term of imprisonment has expired on April 29, 2012. On December 13, 2011, Defendant A was sentenced to two years of suspension of execution for one year of imprisonment for fraud in the Jinwon District Court’s Jinju branch, and the judgment became final and conclusive on December 21, 2011.

【Criminal Facts】

"2014Gohap285": Defendant A

1. A victim F, G, H, D, and I had no intention or ability to normally operate the K hospital, which had been established only in the form at the time, as the victim F, G, H, D, and I had no money from another person’s own capital and had no personal debt amounting to KRW 200 million, and there was no specific income or property. Since there was no specific plan to receive investments in the operation fund of the necessary hospital, there was no intention or ability to normally operate the K hospital, which had been established only in the form at the time. From December 2012, there was no intention or ability to open the K hospital, which is more than KRW 20 million by the enemy of the J hospital.

Around November 2012, the Defendant made a false statement to the effect that “The Defendant would allow the Victim F to operate a restaurant in the Jeju-si Hospital with a deposit of KRW 50 million to open a J convalescent hospital on the 4th N in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in G in Kimwon-si.”

Around December 10, 2012, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the account of community credit cooperatives under the name of the Defendant as a deposit for lease in restaurant around December 10, 201.

B. On February 24, 2013, the Defendant reported an advertisement that, at the office of Kimhae-si J of the N4th N4th N in Kimhae-si, recruited investors to be invested in the convalescent hospital located on the O’s Internet site, and found the victim G “G in G, G, G, G, who opened K hospital in the Gan Sea, and would enjoy 4% profits every month when investing KRW 100 million.

Personal money within 400 million won.