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(영문) 의정부지방법원 2017.02.10 2016고단4678
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 9, 2015, the Defendant is expected to open a dental clinic called “E” on the second floor in the Daury Office of Law Firm, a Daury Building, which is located in the Daury Building, Dong-si, 365-16, Dong-si, Do-si, 365-16, to the victim C.

Since the preparation of documents has been different, it is expected to operate as a whole from March 21, 2015, the amount of KRW 40 million is expected to be contributed to KRW 700 million, and it is expected to be contributed to KRW 700 million, and it is required to provide medical equipment, lease deposit, and house located in the steel source as security, and it is said that it will be repaid KRW 12.4 million each month, including earnings, until July 15, 2015.

However, although the Defendant planned to operate a dental clinic in the form of establishing and operating an incorporated association because it cannot directly open the dental clinic because it was not a medical personnel, it cannot be permitted to establish an incorporated association for the purpose of establishing and operating a medical institution. The Defendant did not directly establish the dental clinic and did not secure the private road of the dental clinic to be in charge of medical treatment, and was in an uncertain guidance to receive the aforementioned donations.

The real estate security could not be secured, and the funds for the opening of the medical center could not be sufficiently secured, and the considerable part of the above money could not be consumed as the cost of living, and there was no intention or ability to open the dental clinic and to pay the above money as stated in the above agreement.

Nevertheless, the Defendant had received 34,440,000 won from the injured party on February 11, 2015 after the said false statement.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police against C;

1. The investigation report (the list No. 16 of evidence);

1. Application of Acts and subordinate statutes on a statement of performance, a copy of passbook, a written certification, and an investment agreement, inquiry of details of liquidity transactions, and application of the detailed statement of accounts by account;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Act 1.

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