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(영문) 인천지방법원 2017.04.13 2016고단7366
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who runs a construction business.

1. On February 6, 2015, the defrauded of the hospital acquisition price, by telephone, from the location in Gyeyang-gu, Goyang-gu to the victim C by telephone. “The acquisition price was 1.5 billion won at the time of the acquisition price, which was 1.7 billion won at the time of the acquisition price, and 10 million won out of the remainder 200 million won, was D, and the remaining 70 million won was prepared, and there was a lack of 30 million won.

It is intended to lend KRW 30 million to operate a store within the hospital in Jeju-do.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any intention or ability to allow the victim to operate a store in the hospital because he/she did not have any intention or ability to take over the hospital because he/she did not have any intention or ability to take over the hospital.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 30 million to the Agricultural Cooperative Account (F) in the name of E from the victim.

2. On March 10, 2015, the Defendant acquired document proceeds by deceptioning the victim C with the phrase “as soon as the document is urgently needed to do so, the Defendant borrowed KRW 10 million to the victim C, while making a false statement as if the cost of document work is necessary to take over a friendship hospital.”

However, in fact, since the fact that it is impossible to take over the friendship hospital at the time was impossible, the defendant thought to use the hospital for other purposes even if he/she received money from the injured party, and there was no intention or ability to allow the injured party to operate the store in the friendship hospital.

Nevertheless, the Defendant deceivings the victim as above and transferred KRW 10 million to another Nonghyup account in the name of E from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Account transactions and investigation reports (in case of complainants);

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