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서울서부지방법원 2014.02.19 2013고단2111
사기
Text

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

Reasons

Punishment of the crime

The Defendant operated dental materials suppliers with the trade name “D” in Seongdong-gu Seoul Metropolitan Government.

On July 2010, the Defendant stated that “The Defendant acquired all of the leased deposits and repayment claims of the ID Hospital located in Kimpo-si, and the facilities and operation rights of the ID Hospital, and that “The Defendant would jointly operate the hospital and divide profits into half, if he purchases half of the shares of the dental hospital in KRW 100 million.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to jointly operate the hospital and divide the profits into one half.

Nevertheless, the Defendant received KRW 100 million from the victim on July 28, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to a dental sales contract, receipts, performance note, a copy of a notarial deed, and an integrated credit information inquiry;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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