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(영문) 광주지방법원순천지원 2020.10.23 2020고단530

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a physical therapy worker working in the C Hospital in Gwangjin-si B, and the victim D is a person who engages in the business of distributing medical equipment, and the victim E is a patient who has received physical therapy from the defendant.

1. Fraud against victim D;

A. On August 31, 2018, the Defendant made a false statement that “Around August 31, 2018, the Defendant borrowed KRW 25 million per month if he/she borrowed KRW 25 million from the victim D to make an investment in a way that he/she purchases and uses jointly with the head of the hospital, in front of the C Hospital Water Treatment Center located in Gwangju-si B.”

However, in fact, the Defendant did not purchase a physical therapy device even if receiving the money from the victim, and was thought to use it for personal purposes, such as investment Almatco, even if receiving money from the victim, so there was no intention or ability to pay the principal and interest of the investment to the victim even if receiving the money from the victim.

On September 4, 2018, the Defendant received KRW 25 million from the victim to the corporate bank account (F) under the name of the Defendant for investment.

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

B. Around January 29, 2019, if the Defendant lent KRW 25 million to the victim D for the same purpose as that of the above “A” at the same place as the above “A” around January 29, 2019, the Defendant would be paid KRW 1.5 million per month and the principal after one year.

‘A false statement' was made.

However, in fact, the Defendant did not purchase a physical therapy device even if receiving the money from the victim, and was thought to use it for personal purposes, such as investment Almatco, even if receiving money from the victim, so there was no intention or ability to pay the principal and interest of the investment to the victim even if receiving the money from the victim.

On January 30, 2019, the Defendant, from the victim, KRW 20 million under the pretext of investment money, and the same year.

2.7. A total of KRW 25 million, including KRW 5 million, under the same name;