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(영문) 광주지방법원 목포지원 2013.12.27 2013고단1428
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Prior Crimes under the latter part of Article 37 of the Criminal Act】 The defendant is obviously a clerical error in the indictment for one year and two years at the Gwangju District Court on August 24, 2012.

(see, 98 of the Investigation Records). A person who was sentenced to a suspended sentence of two years shall be sentenced to the same year.

9.1. The judgment became final and conclusive.

【Criminal Facts of Crimes】 Since around 2008, the Defendant had been newly constructing and operating the E Hospital, but the obligation to bear such expenses as expenses incurred in constructing the hospital reaches approximately KRW 15 billion and reported the deficit continuously in the operation of the hospital beyond KRW 40 million.

Therefore, in January 2010, the Defendant was in arrears with the wages of the employees of the hospital and was in arrears with the food expenses of the cafeteria, as well as the Defendant was not able to repay the said wages properly even if he was in fact forced to attract funds from the investors of Australia around July 2009 and borrowed money from other persons.

Nevertheless, on January 12, 2010, the Defendant deceivingd the victim to the effect that “if the victim G entered a large amount of money, but the 100 million won is lent, the 100 million won will be repaid as the money from Australia entered” to the victim at a restaurant operated by the victim G in the Seo-gu of Gwangju, Seo-gu, Gwangju, and received KRW 100 million from the victim on January 12, 2010.

As such, the Defendant acquired 100 million won from the victim.

Summary of Evidence

1. The legal statement of witness G, and the legal statement of witness I (excluding the part concerning the professional statement fromG);

1. Statement to J police officers;

1. The K's statement;

1. Previous convictions: The defendant asserts that criminal records and investigation reports (the confirmation report of the results of recent criminal records trial, such as fraud against the accused) are without deceiving the victim as stated in the judgment, and that he did not have the intention of deception.

According to each evidence of the judgment, the defendant.

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