Defendant shall be punished by imprisonment for a term of one year and six months.

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

Punishment of the crime

"2018 Highest 746" Defendant is an intention to operate the "F Hospital" in Busan Shipping Daegu E, and the victim G is a physician who has worked in the above hospital.

On March 15, 2017, the Defendant borrowed the funds for the operation of the hospital from the hospital to the victim at the above hospital around March 15, 2017, and it is possible to fully repay the funds due to the following: “The lending of KRW 400 million to the hospital is high, thereby making the profit to KRW 120 million per month

The claim for the lease deposit of the hospital also has KRW 100 million.

It shall be paid immediately after one month from the loan of money.

“At the end, the victim borrowed KRW 376,00,000 from the victim around that time, and around June 2017, the victim temporarily borrowed money from those who wish to receive demand from the injured party for repayment on or around June 13, 2017, and transferred money to the victim on June 2017, and on June 20, 2017, it seems that he/she had the ability to repay to the victim.

However, on March 2017, the Defendant had already been liable to pay more than KRW 2 billion, and there was no fixed expenses such as interest and personnel’s monthly salary, equipment leasing cost, etc. in hospital sales, and there was no security deposit that the Defendant was actually able to receive from other persons because the deposit of KRW 100 million for hospital buildings was borrowed from other persons.

In addition, the Defendant continued to borrow money from another person in excess of the above obligation, and thus did not have any intent or ability to repay money as agreed, even if he borrowed money from the damaged person.

Nevertheless, around June 13, 2017 and around June 20, 2017, the Defendant: (a) transferred KRW 200 million to the victim; (b) and (c) was involved in mistake as to the Defendant’s ability to repay the amount to the victim; (c) “Around June 13, 2017, the Defendant shall repay the amount of money that he/she has paid to him/her without any molding

“Along with the amount of KRW 376,00,000, which is the sum of KRW 188,000,000 on June 14, 2017, and the sum of KRW 188,00,000 on June 21, 2017, shall be KRW 376,00,000.