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(영문) 인천지방법원 2014.09.25 2013고단8361

사기등

Text

[Defendant B and A] Imprisonment with prison labor for six months, and Defendant A for eight months, respectively.

[Defendant C] Defendant C

Reasons

Punishment of the crime

Defendant B is a doctor who had worked as the president of Q from March 2013 to May 2013, 2013, and Defendant A is a person who had worked as a radiation engineer of the above member of the National Assembly.

On April 5, 2013, the Defendants made a false statement to the victim R as follows: “The Defendant would lend KRW 40,000,000,000 to the hospital operation fund to the victim with interest (2.5% per month) after 15 days (2.5% per month).” The Defendants issued to the victim the borrowed certificates stated as “B and the guarantor”.

However, Defendant B was solely liable for the unpaid tax amount of KRW 20 million, KRW 180 million for employees of the relocating Hospital, and KRW 600 million for the payment of retirement allowances of KRW 100 million for employees of the previous hospital, and the amount of KRW 130 million for the establishment of the above Qu was fully borrowed from Defendant A. Therefore, Defendant B did not have the intent or ability to pay money to the victim. Defendant A also knew that Defendant B was in a high interest rate of KRW 3 million for which Defendant B was unable to obtain a loan from the bank area ( KRW 3 million per month) and was not in a good credit position to establish the hospital.

Nevertheless, the Defendants conspired to induce the victim and received KRW 40 million from the victim in cash.

The "2013 Highest 8556" shall be the chief director of Telecommunication, a non-profit foundation.

No person may establish a medical institution, other than a medical doctor, dentist, dentist, midwife, State, local government, medical corporation, non-profit corporation or quasi-governmental institution established under the Civil Act or any special Act, and no person who is not qualified to establish a medical institution may establish a medical institution.

Nevertheless, S intended to receive money in return for lending the name of T, an incorporated association, which is a non-profit corporation, and in collusion with those who are not qualified to establish a medical institution and intended to establish a medical institution in the form of a member affiliated with the above corporation.

1. Defendant C.

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