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(영문) 서울동부지방법원 2017.06.21 2016고단4456
사기미수
Text

A defendant shall be punished by a fine of five million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

The incorporated association C (Representative D) is a foundation that operates the E convalescent (hereinafter referred to as the “E hospital”) as a corporation with the purpose of the above entrusted operation business of welfare facilities, and the Defendant was in the position of the representative director who actually operates the F, a corporation with the purpose of software development and distribution business.

On August 15, 2013, the Defendant entered into a contract for the interior construction work of the E Hospital on August 15, 2013, and on August 5, 2014, a contract for consulting and business agency related to the management of the E Hospital was concluded between the two departments, and the Defendant was in office as a director of the said C Hospital and the head of the E Hospital administrative office from December 9, 2014 to April 2015.

For the purpose of evading compulsory execution by creditors G, etc. with respect to the Foundation of this case, the Defendant, on October 3, 2014, agreed to prepare a false contract for transfer of credit, as if he/she acquired KRW 1,500,000,000 among the claims regarding operating funds paid to E hospital after settling the amount of loan principal out of the medical care benefits received from the Health Insurance Corporation.

Accordingly, on the same day, the Defendant prepared a false notice of the transfer of claims, including “C President D, transferee H, and transferor of the transferred claim, which will be incurred in the future with respect to a third party debtor,” in the blank column for each of the two parties (third party debtor) and written a false notice of the transfer of claims, including “1,500,000,000 won (1,50,000,000 won (1,50,000,000),” “A” and “C, an incorporated association,” etc., of “The transfer of the transferred claim, but will not use the claim without the permission of the president of the hospital, as the transferor acquired the above claim but has been authorized to use it.”

After April 17, 2015, the Defendant issued a false notice of the transfer contract and the transfer of bonds.

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