A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[Criminal record] On October 7, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Changwon District Court on September 13, 2016, and the judgment became final and conclusive on September 13, 2016.

[2017 Highest 69]

1. On November 6, 2015, the Defendant: (a) ordered the victim E to enter the instant office located in Dongdaemun-gu Seoul Metropolitan Government D to enter a medical corporation G medical foundation’s school meal supply contract by November 27, 2015.

However, at the time of fact, the above G hospital was suspended from its business, and the defendant did not have any specific plan or ability to operate the above G hospital, and thus, the defendant did not have any intent or ability to perform the above contract even if he received the down payment from the injured party under the above contract.

As such, the Defendant, by deceiving the victim, received 35 million won from the victim as a down payment on the same day, and acquired it by fraud.

2. On January 18, 2016, the Defendant: “Around January 18, 2016, the Defendant: (a) called the victim under the foregoing 1.1; and (b) stated that “Around the process for the rehabilitation of the G hospital, the G hospital would be in progress; and (c) if a bank borrowed the amount of KRW 10 million in order to pay the overdue electricity charges, the hospital would normalize and enter the hospital by the end of one month.”

However, at the time of fact, the rehabilitation procedure of G Hospital was not in progress, and the defendant did not have any positive property or anticipated income, so even if he borrowed money from the injured party, there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim, received 10 million won from the injured party on the same day as the borrowed money and acquired it by deceiving the victim.

[2017 Highest 227] On February 10, 2016, the Defendant acquired the above G hospital from the victim I at the D office located in the third floor of the H building in Dongdaemun-gu Seoul Special Metropolitan City, Dongdaemun-gu Seoul Special Metropolitan City, with the president of the G hospital and the J who is friendly with her birth, and took over all the rights to the operation of the hospital.