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(영문) 서울서부지방법원 2014.05.02 2014노311
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. In the event that the victim and the defendant were to jointly operate an I Hospital located in the second and third floor of H in Kimpo-si, Kimpo-si (hereinafter “the instant dental license”), the instant dental license was N, and the defendant was notified that he had given rent of three million won per month, and thus, there was no possibility of deceiving the victim.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. In the facts charged in the instant case at the discretion of the prosecutor, “However, the Defendant did not have any intention or ability to jointly operate the hospital and divide profits into two parts, even if he received money from the victim.” The Defendant did not have invested KRW 120 million in the above hospital, and the Defendant merely did not have invested in the above hospital, and even if he received money from the victim, he did not have any intention or ability to jointly operate the hospital and to divide profits into two parts.” Accordingly, the lower court’s judgment was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court.

3. In light of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence, it is recognized that the Defendant did not notify the victim that the instant dental license was N and 3 million won per month. Thus, the Defendant’s above assertion is without merit.

① N, upon the introduction of the Defendant, accepted the instant dental license from N in KRW 120,00,000,000, and the Defendant paid N KRW 3,000,000 per month to run the instant dental license. In addition to the instant dental signboard, the Defendant used the instant dental license.

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