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(영문) 서울중앙지방법원 2012.05.17 2010고단5334
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall pay 25 million won to the applicant for compensation.

3.2

Reasons

Punishment of the crime

Around 1972, the Defendant operated the off-line E in Dongdaemun-gu Seoul Metropolitan Government D, and at the time, the victim C was an employee from the above-line group to become an employee and became aware of the Defendant.

Around June 2008, the Defendant stated to the effect that “The Defendant would accept G hospitals located in Mapo-gu Seoul Metropolitan Government F and operate a specialized hospital for senior citizens,” once opening the hospital, there is no problem that the Defendant would give money to the Defendant. If the Defendant invested KRW 200 million, the Defendant would give 10% of the hospital’s equity interest to the hospital directors and would give the hospital directors. The content of the investment would give notarial deeds.”

However, at the time of fact, the above G Hospital related person had no plan to sell the hospital, and even the defendant, who was in bad credit standing, had no capacity to accept the G Hospital, did not have the intent or ability to cause the victim to own the hospital shares or to have the director of the hospital, as agreed even if he received the money from the victim.

On July 8, 2008, the Defendant, by deceiving the victim, prepared an agreement on the above contents at a law firm I office located in Seocho-gu Seoul Metropolitan Government H on July 8, 2008, and received KRW 50 million as investment money. On August 14, 2008, the Defendant received a delivery of KRW 150 million as the same investment money at a coffee shop where the trade name located in Gongung-dong in Seoul Special Metropolitan City, Nowon-gu is unknown.

On the other hand, the defendant, on September 2008, had no progress for the takeover of the above G Hospital, received demands from the victim, and the victim tried to undertake the construction of the officetel in Busan, which is well known that "the acquisition of the G Hospital was well known, and to take over the construction of the officetel in Busan, which is located in the J, and tried to operate the special care hospital for the elderly." The defendant stated to the effect that "the defendant would make more investments in Busan, which requires the cost of authorization and permission for the establishment of the medical foundation, in addition to 30

However, while K, L, etc. was trying to undertake hospital business by acquiring the above officetel new building at the time, the defendant is running the hospital business.

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