A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 2, 2008, the Defendant made a false statement to the victim F at the E Hospital located in the Seocho-si, Young-si, Manman, stating, “The Defendant would purchase the land adjacent to the E Hospital to extend the hospital, obtain a loan necessary for the extension, and repay the loan after the extension of the Jeju Hospital.”

However, the defendant did not have the intent or ability to pay the amount even if he borrowed the money from the victim due to the business difficulties in the hospital and the obligation of KRW 100,000.

As above, the Defendant deceivings the victim as above, and received KRW 90,00,000 from the victim around the 12th of the same month, and received KRW 189,930,000,00 in total, around the 13th of the same month from the victim to the corporate bank account under the name of the E Medical Foundation.

Summary of Evidence

1. Legal statement of witness F;

1. A copy of a bankbook;

1. A specification of transactions requested;

1. Details of account transactions;

1. The defendant and his defense counsel, such as a copy of the judgment, merely borrowed money from the victim F to use it as employee's salary, hospital operation funds, and did not request the victim F to obtain money necessary to extend the hospital as stated in the facts constituting a crime in the judgment, and therefore, they did not deceiving the victim.

However, the following circumstances that can be acknowledged by the evidence revealed earlier, namely, ① the reason why F, a director of the chest branch of the instant hospital, extended a large amount of KRW 200 million to the Defendant who operated the said hospital, was that the Defendant would make a repayment of the loan after extension of the hospital, as stated in the facts constituting a crime in the judgment of the Defendant. If F knew of the fact that the Defendant did not have the benefits to be paid to employees and operating expenses of the hospital, the F would not have borrowed money to the Defendant until receiving the loan. ② However, the Defendant did not have any plan or means for extension of the hospital at the time, but did not repay the loan as agreed upon.