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(영문) 의정부지방법원 2016.02.01 2015고단1561
사기
Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal record] On December 12, 2013, Defendant B was sentenced to a suspended sentence of one year in the Seoul Western District Court to four months of imprisonment for fraud, etc., and the above judgment was finalized on the 20th of the same month, and on July 4, 2014, Defendant B was sentenced to a suspended sentence of two years in the period of eight months of imprisonment for fraud, and on the 12th of the same month, the above judgment became final and conclusive and conclusive on the 12th of the same month.

[2] Defendant A was awarded a successful bid in the amount equivalent to KRW 1120,000,000 of the successful bid price, but Defendant A did not have any ability to carry out the construction of the hospital building on the site located in the F on March 2, 2009 at all times, such as borrowing the above successful bid price from the persons who borrowed the above successful bid price and building the hospital building.

Ultimately, Defendant A, after leasing part of the above hospital building, intended to open the hospital by carrying out the artificial construction of the hospital as the deposit money. However, since the existing creditors exercise their right of retention against the above hospital building and other legal disputes continue to exist, Defendant A tried to sell the above hospital building to G for KRW 2.5 billion on February 2010, the above hospital building was not easily leased, and the above contract also led to the pressure on repayment of debts increased.

On the other hand, around July 2012, Defendant B entered into a contract to purchase a hospital on the condition that he/she takes over the existing debt 2.5 billion won, which he/she bears for the building of the hospital. While Defendant B did not have any personal funds, Defendant B could not suspend the compulsory auction process issued on October 28, 201, the above contract was terminated.

After all, the Defendants, around March 26, 2013, take over the obligation of KRW 2.7 billion to Defendant A’s above hospital building, and Defendant A, on condition that Defendant A had 50% of the shares in the funeral hall under the hospital’s ground, opened the hospital and jointly operate the hospital.

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