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(영문) 대전지방법원 논산지원 2019.04.30 2019고단129
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force】 On February 19, 2013, the Defendant was sentenced to two years and six months of imprisonment for fraud in the Daejeon District Court Dasan Branch, and the judgment became final and conclusive on December 13 of the same year.

【Criminal Facts】 The Defendant is the president of the Medical Care Center for the Aged】

On March 24, 2010, the Defendant made a false statement to the victim C, stating that “The elderly medical care center will be built at the expense of the State, on the land owned by Boan-si, Chungcheongnam-si.” On the part of the State, the Defendant would give a contract for construction work equivalent to ten billion won to the medical care center, on the part of the State.”

However, the Defendant was in a situation where it was difficult for the Defendant to prepare the construction cost of the medical care center construction due to the financial difficulties at the time, and the said land was provisionally seized by E, a creditor of the Defendant, and even before that time, the Defendant was unable to construct the medical care center using the said land due to the fact that another creditor of the Defendant had made a real estate trust in the name of F, a corporation around August 7, 2007, with the repeated establishment of collateral security and superficies. The amount actually received from the victim was also withdrawn in cash or deposited to another person, and there was no intention or ability to conclude a contract regarding the construction work of the medical care center.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving it from the victim on March 24, 2010, up to KRW 20,000,000 from the victim, 10,000,000 from the bank account under the name of the Defendant on April 9, 2010, and around April 15, 2010, KRW 7,000,000 from the above company bank account around April 15, 200, KRW 3,00,000 from the H bank account under the name of the Defendant around April 15, 200, KRW 1,00,00,00 from the bank account under the name of the Defendant on May 3, 20, KRW 30,000,00 from May 27, 200, KRW 00,000, and KRW 80,00,00 cashier’s checks account account, etc.

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