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(영문) 대구지방법원 2016.02.04 2015고단3367
사기등
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2015 Highest 3367"

1. On June 2014, the Defendant found a person who operates a department-management shop on the Internet.

'' I want to open the E Burology and the Iurology hospital to the victims C (n, 50 years of age) who have reported the advertisement and found it. The Eburology and the Iurology hospital to the Eburology of about 70 square meters at about 70 square meters in Daegu-gu D5 stories.

In order to have the skin management room in the hospital, approximately 10 square meters of the tuition deposit of KRW 20,000,000, and monthly rent of KRW 300,000 were changed.

As a result, the Defendant used the name cards stated in “A” and “F” in the Medical Service, and raised the victim a big profit by operating the hospital at least ten years prior to his internal organ.

At this time, the hospital is intended to move to another hospital.

The victim, such as “,” led the victim to mistake as if the Defendant were his will.

However, the defendant is not a doctor, but will establish a hospital by establishing a medical association.

However, it was merely a person who was recruited in the name of a member without the formal payment of contributions, and there was no intention or ability to open the hospital due to the lack of funds.

Ultimately, on June 16, 2014, the Defendant: (a) by deceiving the victim as above; (b) concluded a contract with the victim for the management of the skin within the said hospital at the office located in Seo-gu, Daegu-gu, Seoul-gu; and (c) received KRW 10 million immediately as the deposit for office; and (d) obtained KRW 20 million as a sum of KRW 10 million on June 30, 2014.

2. As stated in the preceding paragraph, the Defendant was required to present a hospital’s lease agreement entered into with C during the shop premises for the management of the skin in the hospital.

However, the lease contract concluded with the owner of a building by the defendant is concluded with the owner of the building on August 30, 2013 and the termination of the back contract period on August 30, 2015. Therefore, the period of the lease contract concluded with the owner of the building remains sufficiently remaining.

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