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(영문) 인천지방법원 2014.11.07 2014노878
사기
Text

The first original judgment shall be reversed.

A defendant shall be punished by imprisonment for six months.

Of the facts charged by the court of first instance, victim D and E.

Reasons

1. Summary of grounds for appeal;

A. As to the fraud of Defendant (Defendant 1’s judgment of lower court) 1) victim D and E, the Defendant did not seem to have paid intermediate payments to Y, a lessor, at the time of concluding a contract for operation of a cafeteria with the victim D, E, and the Defendant did not conclude a contract for operation of a restaurant without the intent of opening the hospital.

B) As to the fraud against the victim E, the Defendant intended to borrow and repay the real estate owned by the Defendant as collateral at the time of borrowing the money from the victim E, the Defendant did not have any intent or ability to repay the money. C) It was true that the Defendant borrowed the money from the victim I with respect to the fraud against the victim I, but there was no excessive fact that the Defendant borrowed the money from the victim I as if he could exercise influence over the net Docheon Hospital or K, and the amount was not received as entertainment expenses and activity expenses, but borrowed the money for personal purposes.

2) The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment) is too unreasonable and unfair. B. The prosecutor (the lower court’s judgment on the second instance) requested construction to the victim AA and AB even though the Defendant did not have any intent or ability to pay construction cost immediately after the completion of construction, and the Defendant did not have any intent or capacity to pay the construction cost, and whether to open the hospital or not is related thereto

2. Judgment on the grounds for appeal by the defendant

A. On September 25, 2012, the summary of the charges No. 1 regarding the fraud of the victim D and E, the Defendant, at the office of the Defendant, located in the Seocho-gu Seoul Special Metropolitan City C and the second floor, taken over the G convalescent hospital from the victim D and E, who is the second floor of Bupyeong-gu, Seocheon-gu, Seoul Special Metropolitan City, to the Gocheon-si, Seoul Special Metropolitan City F, and paid the down payment and the intermediate payment as the deposit for the lease of the hospital building, and paid only the remainder of KRW 100 million, may take place on October 20, 2012.

If a hospital is opened, the hospital.

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