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(영문) 창원지방법원 진주지원 2013.05.31 2012고단1969
사기등
Text

Defendant

A Imprisonment with prison labor for two years and for eight months, respectively.

Defendant

Of the facts charged against B, fraud.

Reasons

Punishment of the crime

1. The Defendant against Defendant A’s victim E did not have an economic ability to take over the “I Hospital” located in Daegu Suwon-gu F, G, and H with bad credit standing. The Defendant did not have entered into a contract with the person related to the hospital in order to take over the “I Hospital.” The Defendant did not have any intent or ability to lease the above funeral hall to the victim even if the Defendant received money from the victim E as the source of the deposit for the funeral hall of “I Hospital.”

On March 2, 2012, the Defendant presented the victim’s husband L with Defendant B’s medical license, certificate of medical specialist, etc. at the K Hospital administrative office located in the Seo-gu, Daegu District Court on March 2, 2012, and presented the victim’s husband L with the agreement to take over the I Hospital and entered into a contract to take over the I Hospital only with the remainder payment. The funeral hall is registered at the time of payment. The funeral hall is defective for five years from March 7, 2012, 200 to five years from March 7, 2012.” On March 20, 2012, the Defendant received KRW 60 million in total as the down payment. On March 30, 2012, the Defendant presented the victim’s personal seal impression, etc. at the above K Hospital administrative office, and received the remainder of KRW 300 million from the date on which the funeral hall was registered to KRW 300,000,000,000.

As above, the Defendant, by deceiving the victim, obtained a total of KRW 200 million from the victim, and acquired it by fraud.

2. Around May 2012, Defendant A entered into a lease agreement with the victim M at the office of the head of the O Hospital Administration Center located N in Jinju-si, Jin-si, stating that “The victim M will rent and operate a set of the first floor coffee hospital, i.e., the first floor of the hospital, i., to allow the victim M to operate the set of a lease agreement.”

However, in fact, the defendant was aware of the fact that he had the P of the former tenant at the O hospital coffee shop, and he is with the former tenant P and the new tenant.

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