beta
Text
Defendants shall be punished by imprisonment for one year.
However, with respect to the defendant B, it shall be for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] Defendant A was sentenced to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on September 3, 2008, and the above judgment became final and conclusive on September 11, 2008. On July 23, 2009, the Daegu High Court sentenced Defendant A to one year of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on July 31, 2009.
【Criminal Facts】
Defendant
A is the head of the administrative office of the F Medical Foundation G Hospital, and the defendant B is the actual representative of H companies of H companies, the sales and repair of medical instruments, which are medical corporations located in the Gyeong-si Si, Chungcheongnam-si.
Defendant
A had the victim A Capital Co., Ltd. (formerly: Daewoo Capital Co., Ltd.) to whom the operating funds of the above G Hospital are insufficient, and had the victim ia Capital Co., Ltd. receive a loan from the victim ia Capital Co., Ltd. (formerly: Medical Devices Co., Ltd.), and asked the defendant B to prepare a false lease contract, quotation, etc., and the defendant B knew of these circumstances, he also accepted the request of the defendant A, and the defendants conspired to acquire the lease proceeds from the above victim company.
Defendant
On May 23, 2007, after receiving the lease contract, quotation, etc. from Defendant B, A submitted the said lease contract, etc., stating that “The said lease contract, etc. was submitted to an employee who is unable to know the name of the victim company at the above G Hospital, to obtain a lease from the CT in an amount equivalent to KRW 450,000,00,00,000, in the amount of KRW 350,000,000.”
However, the Defendants thought that they would not have concluded a lease agreement with CT, etc., and that they would receive money from the victim company to use it as the operating fund of G Hospital.
Accordingly, the Defendants conspired to induce the victim company as above and received 450 million won from the victim company to the account of Defendant B, the wife of Defendant B.
Summary of Evidence
1. Defendants’ each.