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(영문) 대전지방법원 천안지원 2014.07.18 2013고정500
사기
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

The defendant is the head of the Evalescent Hospital located in Dong-gu, Chungcheongnam-gu, Dong-gu.

Around May 16, 2008, the Defendant concluded a contract for food materials supply with G representative director of F Co., Ltd. (hereinafter “F”) at the above hospital office, and agreed that F will bear the pay of employees such as dietitians, cookss, and four-time insurance premiums, retirement allowances, etc. working at the premises restaurant of the above hospital.

According to the agreement, F is practically employed by a dietitian, cook, etc. and is dispatched to a hospital on a regular basis, and regularly provide education on dietitians, and grants direct allowances to employees, and the dietitians directly manage the service conditions, such as vacations, and organize a meal group based on the food table provided by F and obtain approval from F, and thus, the employees of the above hospital’s premises restaurant are formally belonging to the above hospital, but actually belongs to F, and accordingly, the operation form of the above hospital restaurant was “entrusted management” rather than “direct management.

Nevertheless, around June 2008, the Defendant, through the working-level staff of the above hospital, directly employed a dietitian, cook, etc. and reported as if he directly operated the cafeteria. At that time, the Defendant received KRW 207,137,690 in total from June 2008 to May 201, 201 as indicated in the list of crimes in the attached Table, including the receipt of an additional charge 10,540 won from the direct management of the patient-type health care benefit by claiming an additional charge on June 2008.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H in part;

1. Statement made by a witness I in the third protocol of trial;

1. The second and third prosecutor's statement concerning I;

1. Each police suspect interrogation protocol and police officer with respect to G.

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