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(영문) 부산지방법원 2015.09.10 2015고단1819
사기
Text

1. Defendant A shall be punished by a fine of seven million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is a person who has been engaged in the business of selling medical appliances, etc. under the trade name of "F" in Busan Jin-gu, Busan, and Defendant A is a person who operated H dental clinic in Gwangjin-gu, Seoul.

On November 2012, when Defendant A needed funds due to personal obligations worth approximately KRW 700 million, Defendant B prepared a contract with Defendant A as if he/she supplied Defendant A with two medical devices called Smart Luxembourg, and Defendant A concluded a lease contract with the victim filial Capital Co., Ltd. and the aforementioned medical devices, and Defendant A conspired to obtain money from Defendant A by means of “the so-called “public lease” used by Defendant A, with payment for one medical device that Defendant B did not actually supply.

On November 7, 2012, Defendant B concluded a contract with the victim to place an order on the said medical device with the victim to install the said device at H dental clinic, stating that “A intends to install a medical device in an amount equivalent to KRW 110 million in total at the market price of KRW 5,000,000,000,000,000 at the H dental clinic operated by it.” On December 7, 2012, Defendant A entered into a lease agreement with the above H dental clinic to transfer the ownership of the leased article to the Defendant upon the termination of the lease period. On December 7, 2012, Defendant A entered into the lease agreement with the above H dental clinic on KRW 110,00,000,000,000 for the said medical device, KRW 110,100,000,000,000, monthly lease period, and KRW 36,508,300,00.

However, in fact, the Defendants established one of the above medical devices at the H dental clinic and had Defendant A use the medical device. On the other hand, the Defendants established the H department in order to conclude the lease contract without any thought, and if the victim confirmed it, Defendant B carried it out again, and only Defendant B received from the victim.

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