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(영문) 인천지방법원 부천지원 2019.05.16 2019고단320

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 29, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the violation of the Labor Standards Act and three years of suspended execution on October 8, 2015. On February 17, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for fraud in the same court, and the sentence became final and conclusive on March 13, 2018.

From April 27, 2013, the Defendant received the D Hospital (the name was changed from E Hospital on February 15, 2013, and the name was changed to F Hospital on December 2, 2013) operated by the medical corporation located in the Si/Gu from G and operated the said hospital.

On June 2013, the Defendant made a false statement to the victim H(58) at the office of the foregoing D Hospital, stating, “Once completing the process of acquiring the hospital, the Defendant changed the service company managing the building of the hospital, and changed the service company managing the hospital to lend KRW 20 million,00,000,000,000,000,000,000,000,000,000,000,000.”

However, in fact, the Defendant paid KRW 1.2 billion to G, who is the former operator of the foregoing hospital, and took over the obligation of KRW 8 billion or more while taking over the above hospital. At the time, the above hospital continued to have continued to pay wages to medical professionals from around 2011 due to cumulative debts of KRW 9.9 billion. Since around 2010, as various appeals and complaints were filed, the Defendant was subject to seizure of health insurance expenses of KRW 140 million by the creditors, and thus, there was no intention or ability to pay the above amount from time to time, even if the Defendant borrowed money from the victim.

On June 5, 2013, the Defendant, by deceiving the victim as above, received 20 million won from the victim through the corporate bank account in the I’s name from the victim and acquired the money through the money borrowed.

The defendant of "2019 Highest 562" takes over the D Hospital operated by the medical corporation C located at the beginning of his/her own city from April 27, 2013, and the above.

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