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(영문) 수원지방법원 2013.04.19 2012고단4966

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On June 16, 2011, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for a violation of the Labor Standards Act, and the judgment became final and conclusive on June 24, 2011.

The Defendant operated the “E” of a sanatorium for older persons located in the area D of the wife population in Young-si.

On August 2010, the Defendant: (a) operated 10 households among 12 households of a sanatorium building to the victim F in the office of a sanatorium for senior citizens on the first time on August 2010; and (b) operated 10 households among 12 households of a sanatorium to the victim F; and (c) provided the remainder with a security deposit, the G ground building (1st floor housing, 197.45 square meters) in the above sanatorium for senior citizens had already been permitted to operate the sanatorium for senior citizens; and (d) concluded that the payment of KRW 100 million is possible immediately if

However, the above G ground building was reported on the establishment of a sanatorium in 2005, but the business suspension was reported as of June 30, 2010, and the defendant was under pressure on funds due to the bonds used in the construction of the above sanatorium, and the auction was conducted on June 15, 2010, and the auction was conducted by the decision on voluntary commencement of auction on June 15, 2010. Since the creditors cannot file a report on resumption of business because they could not meet the facility standards due to mortgage or provisional attachment against the creditors established in the building, there was no intention or ability to lease the building as a sanatorium even if they received a deposit from the victims.

On November 25, 2010, the Defendant, by deceiving the victim, received KRW 50 million from the victim to the Agricultural Cooperative Account in the name of the E Co., Ltd., and acquired it by deceiving the victim.

Summary of Evidence

1. Statement made by a witness F in the third protocol of the trial;

1. Statement of the accused in the suspect examination protocol prepared by the prosecution (including the F substitute part);

1. Statement prepared by the police with regard to F;

1. A complaint;

1. A copy of account transaction statement;

1. Copy of the certificate of transfer and takeover of bonds;

1. A full certificate of registered matters (a building on the ground with a large population G);

1. Hearing and reporting by a public official in relation to an investigation report.

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