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(영문) 수원지방법원 2019.10.11 2019고단2746

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who works as the head of the headquarters at the D Hospital located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant hospital”) from January 2014 to December 2016 and took overall charge of the operation and management of the hospital.

The defendant from June 10, 2016 to E in the case

7. 348 million won paid up to 15.10 million won is personal loans regardless of the above victim, and the victim did not have agreed to pay on behalf of the victim. Promissory notes (amounting to KRW 248 million) and authentic deeds (No. 14, 2017) dated January 18, 2017 are used only for deferred payment of debt to creditors who lent money to the defendant, and it is merely formally prepared by the victim and do not have monetary claims equivalent to the above promissory notes against the victim. However, even though a notary public was in possession of the above promissory notes and authentic deeds, he/she applied for seizure and collection order to the court and received a decision by the court, and seized claims equivalent to KRW 210 million to credit card companies which are customers of the victim and received the money.

Accordingly, around February 13, 2018, the Defendant filed an application with the Seoul Central District Court located at Seocho-gu Seoul Central District Court at the Seocho-gu Seoul Central District Court, where five credit card companies, such as (i) the injured party, (ii) the obligor, and (iii) G, as “third party obligor,” and submitted the above notarial deed and promissory note together with the above notarial deed and promissory note, and (ii) obtained a decision on the seizure and collection order (2010 million won) from the above court that may know of the fact that it received the above notarial deed and the above notarial deed and promissory note, thereby acquiring pecuniary benefits equivalent to KRW 210 million in the claimed amount.

2. Determination

A. According to the evidence adopted and examined by the court, the following facts are recognized.

1. The Defendant is the head of the headquarters of the instant hospital from January 14, 2013 to December 12, 2016.