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(영문) 서울북부지방법원 2014.08.21 2013고단1233
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 16, 2011, the Defendant was sentenced to two years of suspension of the execution on March 24, 201, at the Seoul Northern District Court, to eight months of imprisonment for fraud, etc.

1. On Feb. 2, 2008, the Defendant of hospital expenses concluded that, at the home of the victim D, Dobong-gu Seoul Metropolitan Government C Apartment 102 Dong 403, the Defendant, “The father of the family is the president of the E Hospital, so that the father of the family would not pay back the hospital expenses to the victim, “The father of the family would have the mother of the family as the president of the E Hospital receive treatment by hospitalized in this hospital.”

However, even if the mother of the injured party is hospitalized in a convalescent hospital, there was no intention or ability to prevent him from paying the hospital fees.

The Defendant, by deceiving the victim as such, had the victim take care of the victim’s mother from February 12, 2008 to December 201, 2010, by having the victim be hospitalized in the above hospital and receive treatment, and had the victim take a liability equivalent to KRW 18 million in terms of the cost of hospitalization, etc., and had the victim obtain pecuniary benefits equivalent to the same amount of the above hospital.

2. Around February 20, 2008, the Defendant made a false statement to the victim’s house of the said G apartment 102 Dong 403, the victim saying, “I would create gold bullion to a new bank if you want to subscribe to a gold fund and cash in the house.”

However, there was no intention or ability to subscribe to the gold fund even if it receives cash and plaques.

The Defendant, by deceiving the victim, received approximately KRW 4 million in total from the victim and received approximately KRW 5 million in cash and KRW 308,200,000 in total from the victim’s account in the name of the Defendant. The Defendant acquired KRW 12 million in total by remitting KRW 3,168,200 to one bank account in the name of the Defendant.

3. Fraud of litigation costs;

A. On April 30, 2008, the Defendant transferred the instant G apartment 102 and 403 to the victim H through a lawsuit to the victim H, who is registered under the joint name of four members, such as the party, relative, etc. of the party. The costs of the lawsuit required for the transfer of the instant G apartment 102 and 403.

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