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(영문) 수원지방법원 안양지원 2018.02.09 2017고합119
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecution of this case is dismissed.

Reasons

1. The summary of the facts charged is the victim's profacy, and the defendant and the victim are South Korea.

The Defendant, with the trade name of "F" in Gangnam-gu Seoul, will close the E hospital and open a hospital with the size of 29 sickbeds in Ansan or Sinsan City, to manage the hospital well within the hospital.

A person who "G" that he/she became aware of while working in an attorney-at-law office owns a building of KRW 2 billion and entrusts real estate management to him/her, and proceeds from real estate auction.

If the hospital earnings are entrusted to the hospital, it will invest in real estate and make two times the real estate.

“A false representation was made.”

However, the Defendant did not have any fact of managing real estate in G, and even if receiving money from the injured party, the Defendant was to use money from the injured party without the intention or ability to leave the profits by investing in real estate.

The Defendant, as such, by deceiving the victim, received KRW 4,80,000 from the victim on May 24, 2013 as a loan, from the victim, and received KRW 542,450,00 in total from October 30, 2014, from that time until October 30, 2014, the Defendant received KRW 542,450,000 in total from around 130 as indicated in the list of crimes.

2. A complaint may not be filed after the lapse of six months from the date on which the Defendant became aware of the offender subject to a complaint subject to the prosecution (Article 230(1) of the Criminal Procedure Act). The victim filed a complaint against the Defendant on April 26, 2016 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). On June 11, 2015, the victim became aware of the offender from the time when he/she returned the hospital’s revenues, etc. to the Defendant and filed a civil lawsuit.

As such, the above complaint is an incidental law that has been filed for six months, which is the period of filing a civil suit from the time of filing a civil suit.

Therefore, the prosecution against the defendant should be dismissed.

3. Determination

A. According to the provisions of Articles 354 and 328 of the Criminal Act, lineal blood relatives, the spouse, and the lineal blood relatives.

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