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(영문) 인천지방법원 부천지원 2017.02.03 2016고단2659
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On December 2, 2010, the Defendant was sentenced to 10 months of imprisonment as a crime of fraud in the Incheon District Court’s Vice-Support, and two years of suspended execution, and the judgment became final and conclusive on December 10, 2010.

[Criminal facts]

1. From the end of August 2010, the Defendant acquired a pharmacy lease deposit, the Defendant was delegated with the authority to lease the second underground floor and the fourth floor building located in Geumcheon-gu, Seoul Special Metropolitan City (hereinafter “instant building”). On September 16, 2010, at the sales office located in the instant building, the G hospital, a rehabilitation hospital, entered the victim F in the second, third, and fourth floor of the instant building.

B. The president of the G Hospital shall be the executive director, and the pharmacy shall be leased to the first floor of the building of this case.

The basic facilities in the pharmacy shall be installed by the lessor, and if the hospital becomes aware of the opening of the hospital, the lease deposit will be refunded within one month.

On December 10, 2010, the phrase “to allow the operation of a pharmacy from around December 10, 201” was false.

However, at the time of fact, the hospital was not determined to enter the building of this case, and the defendant thought that the money received from the injured party as the rent would have been used as the repayment of the existing debts, living expenses, etc., so if the hospital was not established in the building of this case, the hospital did not have the intention or ability to return the pharmacy lease deposit to the injured party.

The Defendant, from September 16, 2010 to October 22 of the same year, transferred the sum of KRW 12 billion from the damaged person to the agricultural bank account in the name of his wife H in the name of his wife from around September 16, 2010 to around October 2, 201.

2. On November 18, 2010, the defrauded of the borrowed money is to demand the victim F to return the lease deposit from the victim F as set forth in paragraph 1 at the point where the SC Day Bank was within Ansan-si, which was located in Ansan-si, and to return the lease deposit to the victim.

The appraisal fee is required to appraise the building of this case.

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