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(영문) 서울동부지방법원 2013.05.23 2012고합494
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Of the facts charged in the instant case, the fraud of Defendant A on April 3, 2006 was committed.

Reasons

Punishment of the crime

1. The indictment of this case on January 26, 2006 is written as " January 25, 2006," but it appears to be a clerical error in " January 26, 2006."

Around January 2006, Defendant A made a false statement to the effect that “A intends to implement hospital business with the victim H’s house located in Seongbuk-gu G apartment 415-2401, Sungnam-gu, Sungnam-si, with the victim’s house “B, etc., who is well aware of within the country, is in charge of the hospital interior planning, and the hospital is established and operated after the interior interior is performing the hospital interior construction, and a large amount of profit may be earned if the hospital is established and operated. If the Plaintiff borrowed KRW 100 million with the business fund, the amount of KRW 50 million will be repaid by August 30, 2006, and the remainder of KRW 50 million will be repaid by March 30, 2007.”

However, in fact, Defendant A did not have any property or monthly income under his/her name and there is no specific plan to conduct the hospital business. Thus, even if the money was received from the victim, Defendant A did not have any intent or ability to implement the hospital business or pay the principal to the victim.

Nevertheless, on January 26, 2006, Defendant A received KRW 100 million from the first bank account (Account Number: I) in the name of Defendant A in the name of the victim by deceiving the victim as such and deceiving the victim.

2. On May 23, 2007, Defendant A made a false statement to the effect that, around May 20, 2007, at the K Office of the Defendant’s operation Co., Ltd. (Jtel 1710), Defendant A, at the Gangnam-gu Seoul Metropolitan Government Jtel 1710, “it may be ordered from the LIG Group an annual 300 to 40 billion won, but at the present time, it is not a bidding condition. At least 200 million won is required to increase capital, and if it is lent, it may be designated as a partner by the end of May. 200. The other company will be selected if it is not increased by the end of May.

However, in fact, Defendant A is LIG.

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