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(영문) 서울동부지방법원 2016.09.28 2015고단3751
사기
Text

1. Defendant A shall be punished by imprisonment for six months.

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant A of the 2015 Highest 3751 is a director of the F hospital in Gwangjin-gu Seoul Special Metropolitan City E, who manages and operates all the affairs of the above hospital, such as the management of hospital funds;

Defendant

A around October 21, 2013, a private person who takes a newborn baby at the foregoing hospital (hereinafter referred to as “A”) shall lend money to G with the need to operate the hospital. It shall be paid two to three months after lending money.

“The phrase “ was false.”

However, in fact, the above Busan Metropolitan Government and the hospital were operated in the form of "return prohibition" to lend money from other financial institutions due to cumulative debt, and even if they were unable to pay interest on the loan, they were to use the interest on the loan even if they were to borrow money from the damaged party due to the failure to pay interest on the loan, so Defendant A did not have an intention or ability to pay the loan even if it borrowed money from the damaged party.

Accordingly, Defendant A was accused of the victim as above and transferred KRW 30 million to the account in the name of Defendant B, his mother on the same day.

2. Defendant B, on February 16, 2016, sentenced Defendant B to imprisonment with prison labor for a violation of the Labor Standards Act at the Seoul Eastern District Court on February 16, 2016, and on February 24, 2016, the judgment became final and conclusive on February 24, 2016.

Defendant

B is the president of the F Hospital located in Gwangjin-gu Seoul.

In fact, the above Corporation and the hospital were operated in the form of "return prohibition" to lend money from other financial institutions due to the cumulative debt, and even if they were unable to pay interest on the loan, they were to use the interest on the loan even if they were to borrow money from others.

Therefore, even if Defendant B borrowed money from others, he did not have the intent and ability to repay it.

Defendant

B The defendant A, who is responsible for the management of the funds of the above hospital as his children because the operation of the above hospital is difficult.

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