except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

【Criminal Power】 On July 7, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Medical Service Act, etc. at the Daegu High Court, and the judgment became final and conclusive on September 28, 2016.

【Criminal Facts】 On Nov. 1, 2014, the Defendant made a false statement to the effect that “The Defendant would want to open a hospital by remodelling the building located in the Daegu Seo-gu F and G at the funeral hall office in the Seo-gu, Daegu-gu, Daegu-gu, to rent the funeral hall located therein.”

However, the defendant did not have funds to implement remodeling projects for a hospital, and even if the defendant received money from the victim due to the improper operation of the hospital due to the situation where the medical personnel operating the hospital is not a medical personnel, there was no intention or ability to lease the funeral hall to the victim.

The Defendant received KRW 10,00,00 from the victim on October 23, 2014, and KRW 40,000 from October 24, 2014 to the Agricultural Cooperative Account under H. On November 7, 2014, the Defendant received KRW 20,000,000 on November 17, 2014, KRW 50,000 on December 21, 2014, KRW 50,000 on December 28, 2014, and received KRW 1,90,000 on a total of six occasions, from the victim to the Daegu Bank under the name of (State).

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. A complaint;

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statement, criminal records, etc. inquiry and investigation reports (in the course of a criminal suspect appellate trial trial, inquiry into the case in progress);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. As to the Defendant’s assertion of the suspended sentence under Article 62(1) of the Criminal Act, the Defendant actually carried out construction works to establish a hospital by seeking to operate the hospital, and the intention, which originally promised to operate the hospital, is changed and then new.