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Articles 1, 2, 3-B, 4 through 12.3-A, 3-2, 3-2, 4-2, 6-2, 3-2, 3-2, 3-2, 3
Reasons
Punishment of the crime
On July 14, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for fraud, etc. at the Suwon District Court, and the above judgment was finalized on December 24, 2009.
[2012 high group 1234] The Defendant is a person who operated the F in J in Jinju-si and performed the remodeling work of the H “H” hospital in G in G in G in G in Kimhae-si, and acquires the I Medical Center, a foundation of the above hospital, around May 201.
1. On July 30, 2011, the Defendant made a false statement to the victim K at the street in front of the Jmaart G in Kimhae-si, stating that “If the amount of the hospital construction falls short of KRW 7 million, the Defendant would receive additional loans of KRW 2.8 billion from the community credit cooperatives after one month, and would promptly repay the said loans.”
However, the defendant had no intention or ability to receive additional loans, even if he/she borrowed money from the victim, because he/she obtained a loan equivalent to KRW 1.9 billion from the Agricultural Community Credit Cooperative on June 17, 2011 as collateral for the Foundation's real estate.
As above, the Defendant, by deceiving the victim as above, was given KRW 7 million from the victim as the borrowed money.
In addition, the defendant had the victim pay 1.4 million won of the automobile insurance premium of the defendant's living L with the above temporary border by deceiving the victim to pay the above insurance premium immediately, and by deceiving the victim to pay the above insurance premium by proxy.
Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 8.4 million won.
2. On September 7, 2011, the Defendant made a false statement that he would receive a loan from the bank if the Defendant borrowed money to the bank that the hospital price falls short of the construction cost at the Nac shop near Kimhae-si, Kim Jong-si.
However, as above, the Defendant had already used the loan around June 17, 201 and had not applied for the additional loan. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to receive the additional loan and repay it.
The defendant.