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(영문) 인천지방법원 부천지원 2019.02.28 2018고단854 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

I. On February 8, 2017, the Defendant was sentenced to one year and two months of imprisonment for fraud, etc. at the Incheon District Court, and the judgment was finalized on December 5, 2017.

【Criminal Facts】

- The defrauded B, the Victim B, C, and D were the head of the F Hospital located in Kimpo-si, Kimpo-si, and the Victim B, and the Victim C were trying to operate a funeral hall and a cafeteria of the F Hospital together with D and the above F Hospital, with the trade name “G”.

On January 25, 2016, the Defendant made a false statement to the effect that he/she would allow the victim B to operate a funeral hall at the F Hospital located in Kimpo-si, Kimpo-si, Kimpo-si, while entering into a funeral hall contract at the F Hospital, he/she would allow the victim B to operate the funeral hall normally. On February 2016, 2016, the Defendant concluded a contract at the hospital’s premises to allow the victim B to operate the funeral hall at a normal time.

However, in fact, from the end of September 2015, F Hospital was under investigation as a office-general hospital. From around November 2015, the National Health Insurance Corporation’s payment of health care benefit was suspended and was economically difficult. The Defendant entered into a sub-lease contract with I on November 6, 2015 for the funeral hall of F Hospital and received a total of KRW 2,300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, and there was no intention or ability to allow the victim B to normally operate the funeral hall and the cafeteria.

Nevertheless, the defendant is only 130 million won on March 3, 2016 under the name of the victim B, the contractor, and the victim C and D engaged in such business, as the cafeteria down payment.

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