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

The defendant is a person who has served as the head of the administrative office of the D Hospital located in Yeongdeungpo-gu Seoul Metropolitan Government.

The Defendant entered into a lease agreement with the victim Korean Capital Co., Ltd. and the Medical Devices (hereinafter “instant medical Devices”) due to difficulties in the operation of the hospital, such as failure to pay benefits to the employees of the above hospital employees at the time. According to the lease agreement, if the victim pays the instant medical devices to E as a lump-sum payment, the Defendant received them from E and used them as hospital operating expenses, etc., but the instant medical devices were used as being leased and operated separately from the dic book, which is the manufacturer, and were used through the lease agreement with the victim.

Accordingly, around October 12, 2012, the Defendant concluded a lease agreement with the same content stating that “The Defendant would operate the medical device of this case at the D Hospital, but would purchase the medical device from E and make the victim would faithfully pay the lease fee every month to D Hospital if it would give the lease to D Hospital.”

However, in fact, the lease contract with the victim was concluded for the purpose of raising the hospital operating expenses, etc., and actually purchased the medical device of this case with the funds of the victim and did not intend to use it through the lease, and there was no intention or ability to pay the lease fee normally to the victim because it was difficult to operate the hospital at the time.

As such, the Defendant, by deceiving the above employees, had them pay 149,100,000 won out of the price of the instant medical device in accordance with the above lease agreement, to E, pursuant to the above lease agreement, and notified E of the cancellation of the purchase contract of the instant medical device, after deducting the outstanding amount that the Defendant would have to pay to E from the 149,100,000 won.