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Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
Reasons
Punishment of the crime
【Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic (Fraud), etc. at the Seoul Central District Court on September 4, 2015, and the said judgment became final and conclusive on April 15, 2016. On January 13, 2017, the Seoul High Court sentenced two years to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic (Fraud) at the Seoul High Court on January 21, 2017, and the said judgment became final and conclusive on January 21, 2017, and on May 25, 2018, the said judgment became final and conclusive on August 24, 2018.
【Criminal facts】 From around May 2012, Defendant A played the role of raising and executing funds at a medical corporation D Foundation (hereinafter “D Foundation”) located in Masung-si. Defendant B served as the president of the said Foundation from around May 2013.
The Defendants, around December 27, 2013, contracted the new construction work of G hospital on the land other than F and one parcel of land on the ground of the victim E Co., Ltd. (hereinafter referred to as “victim E”), respectively, on August 31, 2014, with the fixed construction work cost of KRW 3.3 billion, the scheduled date of completion, and the scheduled date of completion. However, the victim company performed the construction work in accordance with the contract. However, until October 2014, the victim company did not pay or promise to pay only KRW 2.4 billion to the victim company and did not pay the remainder to the victim company. Under such circumstances, Defendant A leased part of the building attached to G hospital after completion to H to operate the funeral hall by leasing it to the victim company as of October 2014.
He received 1.3 billion won of the lease deposit from H, and thus, he would immediately repay the unpaid part of the loan, and the Defendant B, as the president of the Foundation, knowingly approved this content.
On the other hand, the said construction contract concluded on November 26, 2014, increased the construction cost to KRW 3.5 billion due to a design change, etc., and extended the scheduled date of completion to January 31, 2015.
However, around that time, the D Foundation is an asset.