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(영문) 광주지방법원 2014.11.12 2014고단2267

사기

Text

Defendants shall be punished by a fine of KRW 10,000,000.

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

According to the “Agreement on the Establishment and Operation of H Hospital”, the Defendants invested 17 medical doctors from 30 million to 500 million won each with the formation of the association, and made investments, and worked as the president of the H Hospital from 10.10 to 10.10, Defendant A served as the president of the H Hospital from 2011 to 2013. Defendant B served as the president of the said hospital from 2011 to 20. Defendant C served as the president of the administrative branch of the said hospital from 10.10 to 2013.

In 2012, funds necessary to foster and develop emergency medical institutions and to install facilities for treating emergency patients of medical institutions are loaned to hospitals at low interest rate of 3.5% per annum, which is lower than the market interest rate. The Ministry of Health and Welfare loans 10 billion won to the Agricultural Cooperatives Federation, and the Ministry of Health and Welfare pays 2.5% per annum to the Ministry of Health and Welfare from 3.5% per annum from the 3.5% interest that the Agricultural Cooperatives Federation received from hospitals, and operates 1% per annum in the way of acquiring fees.

Defendant

C around May 1, 2012, through Gwangju Viewing, the Ministry of Health and Welfare received the administration of the above hospital report to the Defendant A on the “Guidance on Loan Plan for Improvement of Emergency Medical Facilities in 2012” from the Ministry of Health and Welfare, and the Defendant A presented at the meeting of the above hospital head as an agenda item whether to apply for a loan for improvement of emergency medical facilities at the meeting of the above hospital head, and the above hospital head decided to apply for a loan for improvement of emergency medical facilities around that time. Accordingly, in the Gwangju Viewing Health Policy around May 16, 2012, the person in charge of the above hospital requested the above hospital to lend KRW 500 million to the Ministry of Health and Welfare through the above health policy and policy to request the above hospital to purchase 7 kinds of emergency medical facilities, such as artificial absorption. < Amended by Presidential Decree No. 23788, May 16, 2012>