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(영문) 광주지방법원 2016.09.30 2015고단2818
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

1. Around January 14, 2013, the Defendant committed a crime on the following occasions: (a) around January 14, 2013, the Defendant acquired the F convalescent Hospital and tried to start the business on April 2013 to the victim E in the funeral hall located in Gwangju North-gu Seoul Northern District; (b)

When a security deposit is paid, the said security deposit was made by false statement to the said convalescent Hospital.

In fact, the Defendant planned to open a convalescent hospital by acquiring the above funeral building from G, a construction business operator, which he completed the large-scale repair work. While he was in a position to pay KRW 4.388,125 million, such as the purchase cost of the building and the cost of large-scale repair works, he did not own any asset, but was refused to lend the building on the ground that he was bad credit at the location of the Gwangju Bank, the Gwangju Bank was bad credit, around October 2012, and there was no other obvious method to prepare the acquisition fund. Therefore, in the process of acquiring the building and operating the convalescent hospital, the Defendant had no intent or ability to grant the victim the right to supply food.

Nevertheless, the Defendant was issued KRW 30 million around January 14, 2013 under the name of deposit money for food materials supply contract from the victims of the false horses as above, and KRW 40 million around the 22th of the same month, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 11, 2013, the Defendant committed a crime on or around April 201, 2013, lack of “F convalescent hospital opening business expenses” to the victim E at the funeral hall office.

A false statement was made, “A repayment shall be made ten (10) days after lending money.”

In fact, the Defendant planned to use the borrowed money as the director’s expense for the laboratory, and did not have any property, and because it was difficult for others to receive a loan due to bad credit standing, there was no intention or ability to pay the borrowed money even if it was borrowed money from the victim.

Nevertheless, the Defendant was issued KRW 10 million from the injured party by making a false statement as above.

Accordingly, the defendant was given property by deceiving the victim.

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