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(영문) 서울동부지방법원 2015.09.04 2005고합170

특정경제범죄가중처벌등에관한법률위반(사기)

Text

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

Reasons

Punishment of the crime

On December 3, 2003, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for a crime of fraud, and the judgment was finalized on April 13, 2006, and on February 8, 2007, the Defendant was sentenced to eight months of imprisonment with labor for a crime of violating the Labor Standards Act at the Jung-gu District Court on February 16, 2007.

1. [205Gohap170] The name of the Defendant was changed to the name of the K Hospital, which is a medical corporation located in the Sinnam-si F (former G) medical corporation located in the Sinnam-si, as H Hospital on October 22, 1999, and on February 7, 2004, as the “K Medical Foundation,” which is a medical corporation.

In the indictment of denial of the president of the I, the defendant is the president of the H Hospital Foundation. However, according to evidence, since I took office on April 17, 1998, it is recognized that he had served as the president until the time of the instant case, and there is no risk of actual disadvantage in the exercise of the defendant's right of defense. Thus, it is corrected as above.

The president of the HH Hospital shall be the president.

The defendant, who was operated separately on June 21, 199, is a clerical error in the "O" written indictment in the Namyang-si, a private hospital.

In the third floor of the K Hospital located at the K Hospital, the fact is that the victim L does not have the intention or ability to lease the permanent room of the H Hospital, and the fact is that the permanent room should be leased for five years immediately after the decision of winning the case in the lawsuit related to the H Hospital against the school juristic person M&A. Therefore, it is false to pay in advance the deposit deposit amount of KRW 500 million and the donation amount of KRW 200 million, which is the face value of KRW 200 million from the victim. On July 6, 1999, the above K Hospital obtained a cashier's check of KRW 170 million at face value, KRW 330 million at face value, respectively, and acquired KRW 70 million at the above K Hospital by taking one cashier's check of KRW 170 million at face value and KRW 300 million at face value.

2. [2015 Gohap111] The Defendant is the representative of K Hospital in South-si, Namyang-si, who employs 11 full-time workers and operates a medical business.

The defendant shall work in K Hospital from October 10, 2003 to November 15, 2005.

12,408,110 won in total of the wages and retirement allowances of retired N.

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