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(영문) 서울서부지방법원 2018.02.07 2017고단507
사기등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Daegu District Court on August 10, 201, and completed the execution of the sentence at the Daegu Prison on April 11, 2014.

【Criminal facts】 Even if the Defendant, without any particular revenue and property, received money from the victim C due to lack of money, he/she did not have any intent and ability to establish the hospital. As such, he/she did not appear to receive money from the victim as if the Defendant would establish the hospital and received money from the victim and used it as personal living expenses.

On November 20, 2015, the Defendant acquired the E Hospital located in Gangdong-gu Seoul Metropolitan Government D to 28 billion won by the victim at the mutual infinite house located in Dongdaemun-gu Seoul Dongdaemun-gu.

It is intended to take over the building in which the insolvent is the head of the new group, the name of the hospital as the "F hospital", and the large remodeling.

After completion of remodeling, it shall be possible to operate convenience points on one floor.

However, in order to remodel, first of all, there was a false statement about the need for the test cost.

1. On November 30, 2015, the Defendant: (a) taken up 3 copies of the check in front of the victim’s 15 million won check at the non-commercial coffee shop in Jongno-gu Seoul Metropolitan City H hotel; (b) on November 30, 2015, 3 and 15 copies of the check in front of the victim’s 1 million won check;

2. On December 3, 12 of the same year, the Defendant 1015 NH’s 14 copies of the check from the damaged party at the 1015 NH’s branch in Dongdaemun-gu Seoul, Dongdaemun-gu 1015, and received KRW 500,000 from the damaged party, KRW 500,000 from the I’s K account (J) designated by the Defendant, KRW 320,000,000 from the Agricultural Cooperative Account in the name of the Defendant, and KRW 5,50,000 from the Agricultural Cooperative Account in the name of M designated by the Defendant

Accordingly, the defendant was granted the victim's property by deceiving the victim.

"2017 Highest 507"

1. The Defendant’s fraud against the VictimO Co., Ltd. is a trade name on January 11, 2016, at the phase of the development of the Changwon-si Masan.

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