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(영문) 부산지방법원 2014.06.12 2013노3630
사기등
Text

1. All parts of the judgment below against Defendant N, P, and A shall be reversed.

Defendant

N. In six months of imprisonment, Defendant.

Reasons

1. The summary of the grounds for appeal asserts that all the defendants of the court below's punishment [1th judgment of defendant M (1th judgment of defendant M): imprisonment of two years and four months, and imprisonment of one year and two months, and defendant N (1 second judgment of defendant N): imprisonment of two years and one hundred and twenty hours of community service with prison labor of six months: imprisonment of one year and six months (1th judgment of court of first instance) and six months of imprisonment (3th judgment of court of first instance), defendant A: imprisonment of one year (1th judgment of court of first instance), imprisonment of one year and two years (2nd judgment of court of second instance) are too unreasonable.

2. Defendant M, along with the above Defendant A, obtained a large amount of 50,000,00 won ( KRW 23,50,000,000 KRW 235,50,000 KRW 25,00,00 KRW 25,000 KRW 25,00,00 won) from many victims under the pretext, such as the right to operate the above hospital, its underground parking lot and the building of the AK Hospital located in U, and the deposit and premium under the operation of the parking lot, even though there is no right to operate the above hospital or sub-lease, in order to raise funds for the operation of the hospital in Busan, the above hospital and its underground parking lot and the building located in U.S., in order to raise funds for the operation of the hospital in the building located in Busan, Daegu, the judgment of Defendant M, while carrying out the construction in Busan, was conducted with the above Defendant A, by taking into account the circumstances of each of the above crimes, including the motive and circumstances leading up to the change in the judgment.

3. The judgment of Defendant N on the grounds of appeal by Defendant N is that Defendant M is the legitimate operating authority in the course of committing the crime of additionally acquiring KRW 85 million premium in the AK Hospital parking lot from VictimY.

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