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(영문) 서울북부지방법원 2015.10.07 2014고단1780

사기등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant A of "2014 Highest 1780" is a person who has operated L dental services in Gangnam-gu Seoul Metropolitan Government K.

Around February 25, 2013, the Defendant made a false statement to the effect that “the Defendant would immediately pay the price for the instant dental laboratory to the victim M who operates the dental laboratory,” and received from the victim the same to May 15, 2013, the Defendant supplied 1,580,000 won in total from that time.

However, at the time of fact, the Defendant did not have the intent or ability to pay the amount even if the Defendant was supplied with the wire goods from the victim because it was difficult for the Defendant to pay not only the above loan but also the wages to employees because it was not proper to operate dental services.

The Defendant, as above, by deceiving the victim, did not pay the amount equivalent to KRW 1,558,00,000 from the victim and did not acquire the pecuniary benefits equivalent to the said amount.

Defendant A, as a dentist, was operating the LD Dental Hospital from November 2012 to Gangnam-gu, Seoul, with the introduction of Defendant B, and Defendant B operated the said Company as the NN’s representative director, a medical institution opening and operating consulting company.

The Defendants, around October 2012, were unable to operate the above hospital due to the lack of funds, and the Defendants forged a false lease agreement with the Defendant, as if the Defendant A resided in the apartment of the O in South Korea, with a false lease agreement of KRW 380,000,000, and came to gather to use it as collateral to the financial institutions and to receive loans.

1. On October 2012, Defendants who forged private documents are located in the (main) NN office in the 6th floor of the Gangnam-gu Seoul Metropolitan Government P building; Defendant B is named as “real estate lease agreement”; Defendant A, as of September 15, 2010, is the owner of the real estate in Q apartment 5 Dong 1203, Jung-gu, Seoul, as of September 15, 2010, the above real estate deposit is 380 million won.