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(영문) 서울남부지방법원 2016.03.31 2015고합160
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. A summary of the facts charged by the Defendant around December 12, 2012, at the victim E office located in Yeongdeungpo-gu Seoul Metropolitan Government, “A medical corporation will build a convalescent hospital for the elderly” with the permission of the medical corporation, and the victim and F will purchase the forest for KRW 1,450,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, the fact that the additional loan was likely to occur when the medical corporation was permitted to establish the medical corporation, and the defendant did not obtain permission to divert the mountainous district necessary to obtain permission to establish the medical corporation, and the medical corporation did not prepare the construction cost of the medical facility necessary to obtain permission to establish the medical corporation and the establishment cost, and therefore, the medical corporation did not have any intention or ability to pay the balance

On December 12, 2012, the Defendant: (a) by deceiving the victim; (b) obtained a loan of KRW 920,000,000 in the name of K designated by the Defendant, from the Geum Saemaul Saemaul Community Credit Depository located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul on December 18, 2012; and (c) obtained a maximum amount of KRW 1196,000,000,000 in the said forest land; and (d)

2. In full view of the following facts and circumstances admitted by the evidence of the judgment, the evidence submitted by the prosecutor alone was insufficient to determine whether the medical corporation was permitted to establish a medical corporation, and the fact that the Defendant did not have any intent or ability to pay the balance was proven

see.

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