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(영문) 서울서부지방법원 2015.01.15 2013고단1917

사기등

Text

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

The defendant shall pay 300 million won to C who is an applicant for compensation.

(e).

Reasons

Punishment of the crime

1. Despite the fact that a medical person, other than a medical person violating the Medical Service Act, cannot establish a medical institution, on May 1, 2010, the Defendant: (a) leased a building of 5 stories above ground and 3,514.36§³ above a deposit of 200,000,000,000,000, monthly and monthly rent of 38,000,000,000, to install a medical institution; (b) on the other hand, on the condition that he/she was equipped with medical devices, such as medical devices, and provided the doctor C with a medical institution with a monthly wage of 12,50,000

2. On December 8, 2011, the fraud Defendant made a false statement to the victim C, stating, “on the loan of KRW 300 million, 120,000 to the victim by March 30, 2012.” The Defendant is going to pay 120,000 square meters of land on the land in the luxan city, so that it can be an industrial complex. On the other hand, the Defendant would receive 1 billion won of success fee if he/she dies.”

However, the Defendant could not expect the contingent remuneration of KRW 1.0 billion due to the fact that the aforementioned designation work of an industrial complex was conducted. Furthermore, the Defendant was liable for KRW 150 million at the time. However, the H Hospital run by the Defendant was in its own condition, and the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim due to the absence of any particular property.

On December 9, 201, the Defendant, by deceiving the victim, received 260 million won from a new bank account (Account Number I) with the victim’s name on December 9, 201, and acquired 300 million won in total, including receipt of 40 million won as the above passbook on December 16 of the same year.

3. The Defendant in violation of the Labor Standards Act and the Act on the Guarantee of Workers’ Retirement Benefits is an employer who has employed 60 full-time workers in G in Yangyang-si and operated the “H hospital.”

The Defendant, from August 8, 201 to February 6, 201, was serving in the said workplace and retired from the J.