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(영문) 창원지방법원 2017.10.19 2016고합233
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for three years and fines of five hundred thousand won for fraud, etc. at the Changwon District Court on August 18, 2016, and the judgment became final and conclusive on April 7, 2017.

[Criminal Facts] The Defendant revised ex officio the part regarding the criminal history of the F Hospital from February 2, 2014 to December 30, 2014, the Defendant served as the administrative director of the F Hospital in the fourth and fifth floor of the building Kimhae-si, and acquired the F Hospital from December 31, 2014 to April 13, 2015.

1. On July 2015, the Defendant committed the crime against the Victim G: (a) the Victim G engaged in the drug wholesale business in the “I” coffee shop located in the window of Changwon-si, Changwon-si, Changwon-si; (b) the Defendant acquired the K hospital located in the Sungwon-si J and sold the L building in the Changwon-si, Changwon-si, Changwon-si; and (c) the Defendant established a corporation and opened the child hospital.

It is intended to lend money in order to open a child hospital so that the drugs can be supplied to the hospital.

The phrase “ makes a false statement.”

However, the Defendant did not pay wages to the employees of the F Hospital from December 2014, and did not have any intent or ability to complete payment even if he did not borrow money from the damaged party, such as there is no specific property.

The Defendant, on August 5, 2015, received KRW 30 million from the injured party, KRW 50 million on August 11, 2015, KRW 10 million on August 27, 2015, KRW 120 million on September 3, 2015, and KRW 100 million on September 3, 2015, from the Defendant’s M&C account, and acquired it by defrauded.

2. On August 1, 2015, the Defendant committed the crime against the Victim N, who sold the 6th floor and the 7th floor of the said building in lieu of the Victim N, who is the owner of the said building in the Changwon-si L Building in Changwon-si, Changwon-si, Seoul, to the husband’s O of the victim who sold the said 6th floor and the 7th floor to the sick’s house.

“A false statement shall be made, and the 6th floor and 7th floor of the above building shall be sold in the Defendant’s Schedule to KRW 2,238,451,270 (payment on the day of the contract of KRW 40 million, the remaining payment terms of August 28, 2015).

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