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(영문) 부산지방법원 동부지원 2018.01.11 2017고정1108
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 2015, the Defendant planned to operate the building C in the name of 301 and 302 of the Busan-gun, Busan-gun, and to operate the building B, but there is no capital. However, in lieu of having the building owner pay the lease deposit of KRW 100 million, KRW 100 million, KRW 100 million, KRW 100,000,000,000 for the acquisition of hospital facilities, and monthly rent of KRW 6.6 million, the Defendant agreed to pay the lease deposit of KRW 250,000,000 (lease deposit and the acquisition cost of hospital facilities) in accordance with the change to the agreement with D. If the agreed change fails to comply with the schedule, D did not pay the monthly rent any longer.

Defendant and B paid the full amount of KRW 10 million for the agreed period of November 30, 2015, KRW 40 million, KRW 40 million on February 29, 2016, KRW 50 million on November 30, 2016, KRW 12.5 million on December 30, 2016 through November 30, 2017. At the time, B had the company that had been operated prior to Defendant delivery did not have any specific property. At the time, there was no financial situation to the extent that it is difficult to pay wages to its employees, and even if the hospital was operated due to lack of expenses for purchasing medical appliances necessary for the operation of hospital, signboard production expenses, etc., it was difficult to obtain money from the victim as if it was difficult to repay the money as specified in the agreement with D, so that the victim could not have his/her ability to use the money for the agreed period of 301,000 won or more during which he/she could not obtain profits from the victim.

Accordingly, around November 30, 2015, the Defendant entered into a lease agreement with B and C around November 30, 2015, and repaid KRW 10 million in accordance with the above agreement with D, and the Defendant paid the victim KRW 301,00 in accordance with the above public offering around December 9, 2015.

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