Text
Defendants shall be punished by imprisonment for eight months.
Reasons
Punishment of the crime
Defendant
B On May 2, 2007, the Seoul Central District Court sentenced one year of imprisonment with prison labor for a crime of false accusation, etc. on November 28, 2007 and completed the enforcement of the sentence at the Seoul Detention Center.
E, around March 4, 2010, entered into a contract with G to acquire the right of management of the above hospital from the president of the F Hospital of the Hahbuk-gun (hereinafter “the instant hospital”). The content of the contract was that Defendant E takes over the debt KRW 7.5 billion incurred by the above hospital among the acquisition funds of KRW 10.5 billion, and the remainder of KRW 3 billion was paid to G by September 4, 2010.
E, as the above contract was not performed, around September 8, 2010, extended the contract term to December 31, 2010, and agreed again with G to pay the down payment of KRW 400 million up to September 15, 2010, and the intermediate payment of KRW 500 million up to September 25, 2010. However, on the grounds that there is no funds, E requested Defendant A and Defendant B, who was introduced through H around September 2010, to raise the above hospital acquisition fund, and instead, they decided to participate in the operation of the above hospital.
When Defendants and E, who had no funds, received demands for the performance of the contract from G, the Defendants and E were introduced through J in order to borrow KRW 100 million from I on September 30, 2010 and to continue to borrow the acquired funds.
On October 8, 2010, Defendants and E conspired with the victim at the missionary mission office of the instant hospital, stating to the effect that “The above hospital is difficult to operate due to bad faith, and only KRW 300,000,000,000,000 is required to take over and take over the hospital, they will establish a church within the hospital after one month, and have the church be set up in the hospital. He borrowed KRW 100,000.”
However, in fact, the Defendants and E do not have any property, there is no certain income, and the Defendants bear excessive obligations, such as the tax in arrears amount to KRW 400 million, and take over the instant hospital.