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(영문) 춘천지방법원 강릉지원 2015.10.07 2015고단607

사기

Text

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

Reasons

Punishment of the crime

[criminal power] On August 14, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution for violating the Labor Standards Act at the Gangseo branch court of the Chuncheon District Court, and the judgment became final and conclusive on the 22th of the same month.

【Criminal Facts】

The Defendant was a person who served as the president of the “D Hospital” located in the Dong Sea from around 2005 to August 201, 201, and the victim E and F around December 14, 2006, the Defendant leased part of the building of the said “D Hospital” to the Defendant’s KRW 80 million rental deposit and KRW 5 million monthly rent, and operated the funeral hall.

On May 14, 2007, the Defendant set up a right to collateral security with the maximum debt amount of KRW 850 million to the victims on real estate, such as Songpa-gu Seoul Metropolitan Government H, which is owned by the Defendant G on May 14, 2007.

On July 23, 2010, the Defendant, at the president of the “D Hospital” office located in the East Sea (hereinafter “D Hospital”), made an additional loan to the victims through I, a management director of the said D Hospital, through I, who is a management director of the said D Hospital, to obtain an additional loan from the bank. It is possible to obtain an additional loan only to terminate the second-class mortgage in the name of the party at which the Seoul Songpa-gu H land, etc. is currently established. Upon termination of the right to collateral security, the Defendant received an additional loan of KRW 200 million out of the total deposit deposit amount of KRW 500 million and paid preferentially the additional loan of KRW 80 million out of the total deposit deposit amount of KRW 300 million, excluding the amount of KRW 300,000,000 which

However, around that time, the Defendant, while operating the above hospital, has borne the above hospital’s total amount of KRW 8.7 billion, spent the amount of KRW 480 million per month due to personnel expenses, etc. while the fixed monthly income is limited to KRW 350 million, the Defendant already paid KRW 60 million due to the monthly interest on the loan of financial rights to another creditor.

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