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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
The Defendant was a person who operated the “C Hospital” in the Jung-gu Incheon Metropolitan City, and the “D” is a company that provides facilities leasing, installment financing, etc.
On August 17, 2017, the Defendant entered into a medical device facility leasing contract with the victim D on behalf of the victim in a way that the victim company pays monthly service charges from the “C Hospital operated by the Defendant after purchasing the medical device on behalf of the Defendant,” and submitted a tax invoice to the victim and the staff in charge of the victim that the Defendant is supplied with the amount equivalent to KRW 15,950,00 from the “E” as the supplier of the medical device.
However, the fact was that the defendant used the F company's possession by concluding a facility leasing agreement with the F company on July 27, 2017, and the E company did not receive any new supply from the E company. The E company's management officer stated that "The above four medical devices are assets owned by the hospital and are the assets owned by the hospital, and the operator re-lease was paid from the leased company for financing, so that the value of the four medical devices paid from the leased company is transferred to the defendant."
Nevertheless, the Defendant, by deceiving the victim as above, had the victim transfer KRW 155,950,00 to an enterprise bank account (G) under the name of the E company designated by the Defendant, and then received KRW 63,110,000 from the person in charge of E company to the account of community credit cooperatives (H) in the name of the Defendant.