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(영문) 서울중앙지방법원 2013.11.29 2013고단4415
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from March 2010 to September 2012, performed the support work for the real estate brokerage of hospitals and pharmacies. A.

On July 2010, the Defendant: (a) around July 2010, at a pharmacy No. 6006 in Gwanak-gu, Seoul Special Metropolitan City, the Defendant made a false statement to the effect that “A pharmacist who had been in the process of arranging the lease of the said pharmacy to the victim B; and (b) in order for D to have a pharmacy run a pharmacy again by leasing the pharmacy, the amount of KRW 20 million is exceeded; (c) a pharmacy facility premium of KRW 20 million shall be given to D; and (d) a pharmacy facility premium of KRW 20 million shall be given to D to the State.”

However, even if the defendant received a facility from the victim, he thought that it would be consumed for personal living expenses, and he did not have the intention or ability to pay D the facility premium as a pharmacy facility premium.

On July 27, 2010, the Defendant received KRW 20 million from the victim to the national bank account (E) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. On December 20, 2012, the defrauded F against the Victim F: (a) around 13:00.

In the place indicated in the port, while mediating the lease of the above pharmacy to the victim F at the pharmacy, the above pharmacy concluded false statement to the effect that “A pharmacy No. 6006 of the C building requires 10 million won for facility premium, and B, a lessee, at the time of the expiration of the contract on August 10, 2012, paid in advance KRW 10 million in advance at the time of the expiration of the contract on August 10, 2012.”

However, the fact that the defendant did not pay the facility premium to the former lessee B, and there was no authority or ability to receive facility premium from the victim in lieu of B.

On January 9, 2013, the Defendant received KRW 10 million from the victim to the same securities account (G) under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police of H. H.

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