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(영문) 수원지방법원 안양지원 2019.07.19 2018고단1294
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On November 9, 2017, the Defendant was sentenced to imprisonment for four years and six months with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Incheon District Court, and the judgment became final and conclusive on July 20, 2018.

【Criminal Facts】

Around December 5, 2016, the Defendant of Jongno-gu Seoul Metropolitan Government (2018 Highest 1294) made a false statement that “A victim D, as the representative of the E Hospital, has influence on the said hospital as the head of the E Hospital,” and “Around December 5, 2016, the Defendant borrowed the money to be used for a short period, would give the interest on five (5) a month, and would make a right to lease a coffee shop in the E Hospital.”

However, in fact, the defendant did not have the intention or ability to exercise influence over the above hospital, or to pay the borrowed money normally because he did not have the intention or ability to grant the right to lease a coffee, and was prevented from returning other debts at the time.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 80 million from the victim on or around December 12, 2016, KRW 120 million on or around December 13, 2016, KRW 30 million on or around January 5, 2017, and KRW 360 million on or around January 17, 2017.

Accordingly, the defendant was given property by deceiving the victim.

around October 2016, the Defendant stated that “If he/she lends money, he/she would have the right to operate the restaurant in the territory of the funeral hall of the E Hospital,” the Defendant would have the right to operate the restaurant in the jurisdiction of the funeral hall of the E Hospital.”

However, the Defendant did not have the intent or ability to exercise the influence over the above hospital, or to operate the restaurant at the funeral hall. However, even if the Defendant borrowed money from the victim without any particular revenue or property, he did not have the intent or ability to pay the money normally.

As above, the Defendant deceivings the victim as above, and is standing from November 10, 2016 to December 2017, 2017.

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