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(영문) 대구지방법원 2014.08.28 2013고단6773
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court for fraud, and the judgment became final and conclusive on September 6, 2013.

On September 24, 2012, the Defendant made a false statement to the effect that “The head of the hospital that has taken over a F Hospital in Busan-gu E” (hereinafter “F Hospital”) to the victim D, who was introduced by C to his partner, on the first floor of the Busan-gu B commercial building, Busan-gu, Busan-gu, and then opened the funeral hall at the end of October, the Defendant would be able to operate a funeral hall for the next five years along with C, by setting up a funeral hall.”

However, on December 6, 2010, the F Hospital established the right to collateral security of KRW 4 billion at the Busan Bank, and there was a large amount of obligation such as KRW 40-5 billion for remodeling construction cost liability. In the situation where the Busan Bank loan interest rate was issued on July 3, 2012 due to the difficulty in the operation of the hospital, there is no obligation other than KRW 100 million, and there was no intention to take over the F Hospital, and the defendant, not a doctor, did not actually have the ability to take over the F Hospital, and the "N" in the H bill of indictment, which was written in the F Hospital indictment, which was written to pay the deposit for lease deposit, by deciding to lease the funeral funeral hall in G, the owner of the F Hospital, a stock company, etc.

There is no intention or ability to lease funeral weddings even if the victim receives the security deposit for the victim.

Nevertheless, the defendant, by deceiving the victim as such, received KRW 100 million from the victim as a down payment for funeral wedding hall and funeral hall in the F Hospital immediately and acquired it by the victim.

Summary of Evidence

1. A protocol of police and examination of suspect against C and the defendant by the prosecution;

1. Statement to the prosecution of I;

1. Each police statement made to D or J;

1. A real estate lease contract, a business agreement, a specification of transactions, a certified copy of the real estate register, four notarial deeds, an auction and search book, and a memorandum of performance;

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