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(영문) 창원지방법원 진주지원 2012.06.29 2012고합37
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2008, the Defendant, which had been undergoing the rehabilitation procedure, acquired the F Hospital of the E-Medical Foundation F Hospital (hereinafter “F Hospital”), and around August 23, 2010, the Changwon District Court rendered a decision to discontinue rehabilitation of the said F Hospital, and around October 29, 2010, the F Hospital was declared bankrupt upon the final decision to discontinue rehabilitation.

On September 3, 2010, the Defendant: (a) established a legal entity that is K, a corporation, the right to implement an officetel construction, which was interrupted on the victim G, Sacheon-si H and I (hereinafter “J”) and said that the Defendant would complete the construction and distribute profits to the victim G.

1. The Defendant committed the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim L at the second floor office of the F Hospital around August 30, 2010, stating that “F Hospital is currently in rehabilitation,” to the Victim L at the second floor office of the F Hospital. On October 31, 2010, the Defendant concluded that “F Hospital will lease the F Hospital funeral hall from October 31, 2010 to 24 months.”

However, on August 23, 2010, the above F Hospital was decided by the Changwon District Court to discontinue the rehabilitation of the above F Hospital, and was bankrupt on October 29, 2010 in the final decision to discontinue the rehabilitation, and the defendant did not have the intent or ability to lease the F Hospital funeral to L to operate the F Hospital funeral.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 800,000,000 from September 1, 2010 to September 17, 2010 as the funeral home rental deposit money from the victim.

2. Fraudulents against victims M;

A. On January 31, 2011, the Defendant made a false statement to the victim M who temporarily operates N in the second floor office of the F Hospital, stating, “I will pay 50,000,000 won within one month if I will lend 50,000 won to K Company’s operation funds.”

However, the defendant is willing to pay his debt to the bad credit holder in the month when he borrowed the victim M.

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