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(영문) 의정부지방법원 2015.01.29 2014고합291
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. From March 14, 2011, the Defendant: (a) was notified by the Minister of Health and Welfare that D Hospital in Yangju-si would run; (b) around the end of 2012, the Defendant would pay an amount equivalent to KRW 600 million in lump sum with the name of restitution and penalty in connection with the illegal medical acts in the E Hospital operated before the Defendant; and (c) was subject to an application for installment payment to the Ministry of Health and Welfare around April 29, 2013; (d) around that time, the Defendant received an application for payment in installments from the Hyundai Savings Bank; (e) around that time, the Defendant had been aware of the payment of the amount equivalent to KRW 600 million in lump sum; and (e) had to acquire money from its partners who wish to run a convalescent hospital through the Internet site, including personal liabilities, etc. with the amount of KRW 4450 million in KRW 650 million,000,000,000,000.

On February 3, 2013, the Defendant, without notifying the victim F of the above debt status to the pertinent D Hospital, neglected the situation of the profits of the hospital, and led the victim to believe that “The net profits of the hospital are KRW 100 million per month, and if the hospital operates the hospital in a partnership with the above convalescent hospital, it may bring about KRW 50 million per month, and if the hospital operates the hospital in a partnership with the above convalescent hospital, it may recover the investment money within 15 months, and if the hospital is expanded and operated, it is possible to operate the hospital, it may make more profits more than 50 million won per month.”

However, as above, the Defendant ought to pay 600 million won, such as restitutions, in 12 times, and the principal and interest on personal obligations, such as bank loans, was also difficult. Even after the Defendant agreed to engage in the business with the victim, the hospital’s operating funds are insufficient, and 130 million won was loaned from the new branch of the company bank, and 300 million won was incurred from the operation of the above long-term care hospital.

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