Text
A defendant shall be punished by imprisonment for two years.
Of the facts charged in the instant case, the fraud against the victim D is acquitted.
Reasons
Punishment of the crime
The Defendant is the president who operated a medical corporation F Hospital in Chungcheongnam-gun E from June 29, 2009 to July 30, 2013.
1. Around March 29, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) committed a false statement to the effect that the Defendant would make a real estate lease contract in accordance with the said hospital’s office with the intention or ability to normally return the deposit even if the said hospital was paid the deposit money of the funeral hall by the victim H and I because the financial standing of the said hospital was difficult at the time, and there was no intention or ability to allow the said hospital to normally operate the said funeral hall, without notifying the hospital’s financial standing and ability to repay the deposit money, and concealing it. In short, the Defendant found a new lessee by the termination of the term of the existing lease contract of the G hospital’s funeral hall for seven years, and would allow the said hospital to operate the funeral hall with the amount exceeding 80% of the equity interest of the said funeral hall and operate the funeral hall on May 10, 2013.
Accordingly, the Defendant: (a) deceiving the victim H and I; (b) transferred KRW 100 million from the said victims to the account of community credit cooperatives in the name of the said foundation on March 29, 2013; and (c) around April 1, 2013; (b) transferred KRW 100 million from the said victims to the account of community credit cooperatives in the name of the said foundation; (c) transferred KRW 800 million from I, J, and K, an investor of the victim G funeral hall established by the said victims to the account in the name of the Defendant on April 5, 2013; and (d) transferred KRW 100 million from the victim G funeral hall in the name of the said foundation on May 10, 2013, and around June 11, 2013.