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(영문) 서울중앙지방법원 2013.11.28 2013고단3396
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the representative of D Co., Ltd. for the purpose of attracting foreign patients, establishing and operating a health examination center hospital and spect on the second floor of the Gangnam-gu Seoul E Hotel, the Defendant established and operated the I in the name of H, which is the neighboring Getype and doctor of Seoul FF Station.

On October 13, 2011, the Defendant: (a) entrusted the health care center hospital to the victimJ on the second floor of the E hotel; and (b) entrusted the victim with the interior works around February 20, 2012 at a total of KRW 788,87 million; (c) the Defendant completed the construction works around February 20, 2012; (d) the Defendant did not pay KRW 124,200,000 out of the construction cost; and (e) on July 16, 2012, the victim was subject to provisional seizure of the credit card sales amount of KRW 34,88 million and KRW 30,000,000,000,000 from the account in the H’s bank account among the claims to be received by the Defendant from H, as Seoul Central District Court Decision 2012dan2650,000.

The Defendant, due to provisional seizure of claims, failed to receive the sex and rent, foreign exchange inducement expenses, etc. from H, was unable to repay the company’s employees’ benefits and other creditors’ obligations, which led to severe financial pressure. In particular, the Defendant was placed in a position to lose the benefit of KRW 100 million from the COS Capital by taking the card sales claims, etc. with Gsung Foreign Department as security.

On August 2012, the Defendant stated that “The Defendant would pay the victim the remainder of KRW 30 million on October 31, 2012, and KRW 43.2 million on December 31, 2012, with the top priority order by selling the provisional seizure of the claim.” The Defendant said that “The Defendant would, upon the provisional seizure of the claim, pay the construction price in the order of priority, and make a notarial deed, in the order of priority on September 27, 2012.”

However, the defendant.

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