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(영문) 대전지방법원 홍성지원 2013.06.04 2012고단1127
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the E Hospital in Boli-si.

On June 6, 2010, the Defendant called the victim F at the above hospital, “A doctor G engaged in a business shall have only the same shares of the hospital, and there is a need for 300 million won to deducted the shares of the hospital. The Defendant would receive money from investors because he/she knows the investors who will substitute G and would receive money. If he/she knows, he/she would lend money from the hospital as collateral at the end of the year.”

However, at the time, the Defendant was not only liable to pay approximately KRW 6 billion but also liable to pay the amount of KRW 40 million each month due to the lack of the operation of the hospital, and thus, there was no intention or ability to pay the amount even if he borrowed money from the victim F.

The Defendant received KRW 100,000 from the Victim F to the Defendant’s national bank account on June 15, 2010, and received KRW 50,00,000 from the said account on or around the 23th of the same month, and received KRW 50,00,000 from the Defendant

8.0,000,000 won in cash at H Pharmacies-si, Gyeongan-si and that year:

8.Around 25.25. It received a total of KRW 300 million as the borrowed money by receiving KRW 100,000 from the above account.

In addition, from March 2, 201 to March 2, 2011, the Defendant received 324,30,000 won in total from four victims over seven occasions, such as the attached Table Nos. 1 to 3,5,6,8, and9.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Statement of the accused in the first protocol of trial;

1. Statement made by a witness I in the second protocol of the trial;

1. Police suspect interrogation protocol against J;

1. Each police statement of F, K, and L;

1. Application of Acts and subordinate statutes on facility lease to all registered matters;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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