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(영문) 인천지방법원 2013.09.06 2013고정2242
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around September 10, 2009, the Defendant made a false statement to the victim D at the office of the office of the head of the C Hospital located in Bupyeong-gu Incheon Metropolitan City, the Bupyeong-gu Office of Bupyeong-gu, Seoul, stating that “The amount of KRW 2 million is changed due to the test expenses, etc. to ensure that the degree of disability in the mountain is higher.”

However, in fact, the defendant did not have the intention or ability to adjust the disability grade of the industrial accident.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim to the E account under the name of E under the same day expenses, etc.

Accordingly, the defendant deceivings the victim and acquired the property from the victim.

The Defendant is a person who is engaged in the original administrative director of the “G Hospital” located in the Seo-gu Incheon Metropolitan Government.

Even if the defendant received money from the victim H, he did not have the intention or ability to have the victim receive disability ratings.

However, at around 23:00 on April 3, 2010, the Defendant made a false statement to the effect that “If the Defendant pays KRW 3 million to a hospital, he may receive a disability grade 6 to 5 by requesting a doctor who is well aware of his work at the hospital within the Seo-gu Incheon Special Hospital located in Seo-gu, Incheon, where the victim was hospitalized.”

The defendant deceivings the victim as such and believed it to be true for the same month.

4. The remittance of KRW 3 million to the E-registered corporate bank account (K).

Accordingly, the defendant deceivings the victim and acquired the property from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and H;

1. Application of Acts and subordinate statutes to a copy of a bankbook, a detailed statement of passbook, and textbook photograph;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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