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(영문) 서울남부지방법원 2016.09.12 2016고단948

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant, on April 2013, related to the right to operate the restaurant of D Hospital, is to operate the restaurant of D Hospital directly with the victim G at the F Hospital’s office office located in Yangcheon-gu Seoul Metropolitan Government, and to operate the restaurant of D Hospital with the deposit and facility cost of KRW 80 million and fee of KRW 20,000,000,000,000,000,000,000,000,000,000.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to grant the right to operate the restaurant even if he received the deposit and fee from the injured party.

Nevertheless, the Defendant received a copy of KRW 80 million from the injured party on April 24, 2013, and received KRW 20 million from the account in the name of I and the account in the name of J on the same day. On April 29, 2013, the Defendant received KRW 20 million from the account in the name of I on April 29, 2013.

As a result, the defendant deceiving the victim and received a total of KRW 120 million worth of property.

2. The Defendant involved in the fraud in the Incheon convalescent Hospital is difficult to bring about a problem to the victim G at the place described in paragraph (1) around May 2013.

Instead, 50,000 won and 20,000 won will be paid a restaurant operation right in the Nam-gu Incheon Metropolitan City K Hospital, Nam-gu.

The phrase “ makes a false statement.”

However, even if the defendant receives the deposit and fee from the injured party, he did not have the intention or ability to grant the right to operate the restaurant in the convalescent hospital.

Nevertheless, on May 15, 2013, the Defendant received 40 million won from the injured party to the new bank account in the name of I on May 15, 2013, and 20 million won from L bank account.

Accordingly, the defendant was given property equivalent to 60 million won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness J and M;

1. Part concerning the defendant's statement in the protocol of interrogation of the suspect;

1. A protocol concerning the examination of the suspect of the N;

1. A written agreement and a written agreement execution;

1. The details of account transactions, details of account transactions, and the application of the Acts and subordinate statutes of deposit certificates without passbooks.