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(영문) 서울중앙지방법원 2016.07.13 2015고정4813
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the representative director of the limited company F that supplies E hospital, the victim D head, with medical materials, and provides services such as hospital publicity.

The Defendant filed an application for payment order (2014 tea 6465) with the Seoul Eastern District Court around August 21, 2014 for payment order (2014 tea 6465) with regard to KRW 54,774,924, which was not settled among the goods supplied to the Defendant by Dam c Co., Ltd. (hereinafter “C”), and received the payment order order on September 4, 2014, and transferred the above bonds to Dam c on September 25, 2014 at the request of Dam c, and thus, it was no longer possible to proceed with compulsory execution procedures based on the above payment order decision.

Nevertheless, the Defendant, while carrying out as if he had the claim under the above payment order valid, received the seizure and collection order (2014, 20638) from the Seoul Eastern District Court around December 11, 2014, and accordingly received KRW 57,434,60 from the National Health Insurance Corporation that believed that the above collection order is legitimate around December 26, 2014.

Accordingly, the defendant, by deceiving the court and the National Health Insurance Corporation, acquired the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Notice of transfer of bonds (e.g., transfer of bonds);

1. A payment order issued pursuant to 2014 tea 6465;

1. Notice of the cancellation of transfer of bonds (deficiencies in weather);

1. A seizure and collection order of the claim No. 20638, other than 2014;

1. Application of Acts and subordinate statutes to a written application for payment order (2014 tea 6465);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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