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(영문) 서울중앙지방법원 2015.12.24 2014고단5980
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 2012, 2012, the Victim C's 2014 Highest 5980 (the death of December 29, 2012) was diagnosed as the fourth cancer at the Seocho Hospital and was hospitalized in the said hospital and was under navigation cancer treatment.

Around October 14, 2012, the Defendant, at the victim's residence located in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as Seongdong-gu) around October 14, 2012, concluded that "the victim found the fundamental principles of all cancer, and the victim's identity is not a bad condition, but a very good condition among the patients, so it would be possible to complete treatment only for two months with a stem cell, but it is safe to conduct treatment for more than one month in order to prevent recurrence, so it is safe to completely recover from treatment only for three months in total." Accordingly, the Defendant was transferred from the victim the victim the amount of KRW 100 million to the account of F on October 17, 2012 as the name of medical treatment expenses, etc.

However, even if the defendant establishes a medical institution or does not belong to a medical institution, so it is impossible to directly treat the victim's body, and treats the victim's body through another medical institution, it is possible to collect blood from blood donors, not stem cell treatment, and extract leuk blood cells from the blood donor, and give treatment to the patient by administering the blood, but it was not possible to completely treat the victim's body with such treatment method, and there was no research on the efficacy and safety of stem cell treatment.

Ultimately, the defendant was given property by deceiving the victim.

The Defendant, on July 2013, 2013, at the “H Licensed Real Estate Agent Office” in Seongdong-gu Seoul, Seongdong-gu Seoul Metropolitan Government, the Defendant should be in charge of the management of the Foundation to the victim I as the largest child of the president of the J Hospital Foundation. However, from March 2014 to September 30, 2013, the Defendant may exclusively supply medicines and medical expendable goods to the Seoul K Hospital, the L Hospital, and the M Hospital.

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