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(영문) 대전지방법원 2017.05.25 2016고단1987
사기등
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was a person who sold a health set under the trade name of “D” in the Seo-gu Daejeon Medical Center underground, and Defendant B was a person who became aware of the Defendant A while using “D”, and Victim E (V, 57 years old) is a building owner who operates a medical care center.

1. On December 2013, Defendant A tried to operate a health mat business on the first floor below the victim’s building.

Around December 2014, around December 2014, subsidies were paid KRW 20 million at the head office, and the victim said that he/she would first pay KRW 20 million until December 31, 2014 to the effect that he/she would pay KRW 20 million to the head office.

However, since there was no scheduled support from the head office to 20 million won, there was no intention or ability to fully repay the cost of interior works even if the work was completed with the money of the victim.

Around December 31, 2013, the Defendant: (a) made the victim transfer one million won from the Agricultural Cooperative Fund account in the name of the victim to the account under the name of the constructor G’s wife from the Agricultural Cooperative Fund account; and (b) made the victim pay 20 million won in total over 12 occasions from July 4, 2014 to July 4, 2014, the Defendant acquired property benefits equivalent to 208 million won by having the victim pay for the relevant G, as shown in the list of crimes in the separate sheet of crimes.

[Judgment as to Defendant A’s assertion] Defendant A asserted that, under the agreement with the victim on the same business, the establishment of a test for criminal facts was carried out, and that there was no act of deception such as the statement of criminal facts.

However, according to the evidence duly adopted and examined by this court, there was no plan to provide the defendant A with KRW 20 million at the head office of the business operated by the defendant A. Nevertheless, the defendant A provided the victim with KRW 20 million at the head office to the defendant A, and the defendant A would pay the victim with the above money for the construction cost.

The facts that the court made the statement, the defendant.

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