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(영문) 대전지방법원 천안지원 2015.08.18 2015고단522
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around February 2, 2013, the Defendant acquired AL (hereinafter referred to as “AL”) from a medical corporation located in Chungcheongnam-do budget AK, Chungcheongnam-do, and the injured party worked as a radiation and office at the UNFCCC long-term care hospital operated by AL from June 15, 2006 to March 31, 2013, and entered into a lease contract for AL and hospital restaurant restaurant (a security deposit: a lease period: a lease contract: a lease period: from November 1, 2006 to September 30, 201) with the AL and hospital restaurant (a lease period: from November 1, 2006 to September 30, 201) on April 25, 2013, the Defendant received an order from the Daejeon District Court to pay 90,750,000 won against AL from the official branch of the Daejeon District Court for provisional seizure and completed a provisional seizure on June 13, 2013 (AL28, 2013).

The Defendant, around June 21, 2013, at the private community credit cooperative in Dongjak-gu Seoul Metropolitan Government, 16-ro 7, said, “AL is the actual owner and operator of AL, and intends to borrow a foundation building as collateral.” The Defendant said, “I would like to settle the current overdue wages of 28.9 million won and the bonds of 90.75 million won, such as security deposit, etc., and to unfold the provisional seizure established on the foundation building, and pay 30 million won to the hospital immediately, and pay 45 million won to the hospital by June 26, 2013.”

However, around February 2013, the Defendant acquired AL by succeeding to the debt of AL amounting to 4 billion won, and has been promoting the establishment of a hospital (AP Hospital) on the sixth floor located in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si. However, on April 9, 2013, it was difficult to establish a hospital at the wind during the auction procedure.

In particular, although the defendant has been negotiating a loan contract with the private Saemaul Fund in order to repay various debts due to the shortage of funds, the defendant did not have the intention or ability to pay 75 million won in full even if the existing amount of credit is settled from the victim and provisional seizure is cancelled due to the lack of the loan to repay the existing debts.

Nevertheless, the defendant.

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