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(영문) 인천지방법원 2017.06.23 2016고단8999

사기

Text

Defendant

A Imprisonment with prison labor for one year and for four years, respectively.

Reasons

Punishment of the crime

To the extent that there is no substantial obstacle to the exercise of the accused’s right of defense, the facts charged are organized as follows and the facts charged are recognized:

Defendant

On April 6, 2016, A was sentenced to one year of imprisonment for a crime of fraud, etc. at the Suwon Fagwon, and the judgment became final and conclusive on October 13, 2016.

1. The Defendants conspired with the victim H, and around April 1, 2013, at the J hotel coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to take over the victim H to take over the five and six levels of K Hospital in Permitted, and operate the hospital jointly with the third party. If the Defendants make an investment of approximately KRW 850,000,000 per annum in order to take over and operate the hospital, then the amount of KRW 50,000 per month is 280,000 per annum.

“A false representation was made.”

However, in fact, if the victim invested KRW 280,000,000 by the Defendants, the Defendants had the money and the Defendants.

10 million won was 400 million won as funds to operate the hospital first, but there was no intention or ability to invest 280 million won.

Nevertheless, the Defendants conspired to induce the victims as above, and thereby, wired the sum of KRW 200 million to the corporate bank account (L) in the name of the Defendant B for the purpose of making investments from the victims under the name of the Defendant B. < Amended by Act No. 11743, Apr. 12, 2013; Act No. 11818, Apr. 30, 2013

As a result, the defendants deceiving the victim and acquired 200 million won.

2. Defendant B

A. Defendant B and A, around December 5, 2013, acquired N from N on September 4, 2013 the facilities and human resources of Qu Hospital established under the name of N, and began to operate the said hospital from around that time.

Defendant

B, around January 24, 2014, which operated the above hospital, entered into a sales contract for the building owner R of the above hospital and the building of the hospital, and paid a down payment of KRW 10 million out of the down payment, and did not pay the remainder of KRW 40 million.