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(영문) 서울남부지방법원 2012.11.22 2010고단2986

사기

Text

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

Reasons

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Medical Service Act and a crime of embezzlement at the Seoul Central District Court on December 28, 201, and the said judgment became final and conclusive on June 11, 201.

"2010 Highest 2986"

1. At the office of the (ju)F center in Gangnam-gu Seoul Metropolitan Government, the Defendant told the victim G to the effect that “The Defendant: (a) at home, leased all the three-storys of H hotel at the end of five years with a rental deposit of KRW 500 million and a monthly rent of KRW 50 million, and (b) is promoting the business of paying profits to each store by holding office as a hospital, pharmacy, etc.; (c) if the funds need to be repaid, the Defendant would be repaid.”

However, since the defendant was promoting the above business without his own capital, there was no reason to settle the rental deposit to be paid to the hotel side from other persons who will borrow money from the other persons or take occupancy in the store, and there was no other means of re-payment. Rather, even though he was registered as a person with bad credit standing in the amount of debts of financial institutions from 2003 to 15 million won, he did not have the intention or ability to pay the money to the other persons.

Nevertheless, the Defendant, by deceiving the victim as above, was granted KRW 20 million on November 14, 2008, KRW 17,000 on November 17, 2008, KRW 10 million on November 28, 2008, KRW 10 million on December 12, 2008, KRW 10 million on December 24, 2008, KRW 20 million on December 27, 2008, KRW 20 million on December 27, 2008, KRW 10 million on March 4, 2009, and KRW 10 million on March 5, 2009.

2. On April 2, 2009, the Defendant is the victim of the above G G, the Seoul Special Metropolitan City I victim, with the purport that “If the Defendant lends money to the victim with the part of the rental deposit of the said hotel, the Defendant may preferentially receive the lease deposit from the shop owner who held office who held office, and he shall also repay the borrowed money with KRW 100 million prior to the outstanding repayment.

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