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(영문) 부산지방법원 2018.04.18 2018고단168
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 10, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Medical Service Act at the Busan District Court, and on August 8, 2013, the same court was sentenced to two years of imprisonment with prison labor for a violation of the Labor Standards Act, etc., and completed the execution of each of the above punishment in the three North Korean Dos of the North Korean Peninsula on September 15, 2015.

around July 2016, the Defendant, via CR, issued a prescription to the victim DG on the following grounds: “Around the same day because there is no department of pain on the second floor of the building on the Z of Busan East-gu, Busan-gu, there is no pharmacy,” and if a pharmacy enters the first floor of the building, a prescription of 40-50 per day may be issued.

On August 19, 2016, around the third floor of the building at issue, a false statement was made to the effect that “A pharmacy shall be opened soon every day, and a pharmacy shall be supported with the interior cost of KRW 50 million.” Around August 19, 2016, “DI” in the “DI” located in the Busan East-gu, Busan, stating to the effect as above to the victim, “Around August 2016, she may open the internal department until August 2016, because the internal department, the doctor, and the general internal department and the doctor were determined to perform their duties in the opening of the building at issue.”

However, the Defendant was thought to use part of the funds that the Defendant received from the injured party for operating expenses, debt repayment, etc. of another hospital operated by the Defendant, and was planning to operate a department in the third floor of the above building with the “office-general hospital,” and thus there was no intention or ability to normally operate the hospital and issue a prescription of at least 100 medical personnel working in the above department, and it was unclear whether the Defendant could open the department from August 2016 because there was no two medical personnel working in the above department at the time, and whether it would be possible to open the department until August 2016.

The defendant deceivings the victim as above and, around July 20, 2016, he acquired 40 million won from the victim to the Saemaul Treasury Account (DJ) in the name of the defendant under the name of the defendant in terms of internal and human expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to DG;

1. CR:

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