A defendant shall be punished by imprisonment for two years.

Punishment of the crime

The Defendant, despite being not a medical person, employs a medical person and actually operated “B hospital” in Dongdaemun-gu Seoul around 2012 and “C hospital” and “D hospital” in Gangdong-gu Seoul Metropolitan Government around 2013.

The Defendant became aware of the Victim E through the introduction of the branch around 2013, and the victim was a de facto operator of the “C hospital” and had considerable re-existence.

It was believed that there was belief.

On June 10, 2013, the Defendant used the fact that the damaged person believed to be a person with considerable financial capacity in the Defendant at the 4th floor of the F Building in Gangdong-gu Seoul, Gangdong-gu, Seoul, and used the above fact that the damaged person is the Defendant, thereby lending KRW 300 million to the Defendant’s “C hospital’s operating fund” until September 30, 2013, and H would repay.

“...”

However, the Defendant was indicted on November 29, 201 on the fraud of the damage amounting to KRW 1.4 billion on June 201, 201, and was also charged with an undetained detention on November 29, 2013, and in addition, the Defendant did not have any intent or ability to repay the borrowed amount by September 30, 2013 even if borrowing KRW 300 million from the damaged person.

The defendant deceivings the victim as above and acquired 300 million won as a loan to use it for the operation fund of the ‘C hospital' from the victim.

Summary of Evidence

1. Statement made by the prosecution against E;

1. A complaint and a loan contract for monetary consumption and borrowing;

1. Investigation report (to have a witness H telephone conversations);

1. Investigation report (to have a witness I telephone conversations);

1. A copy of the indictment, each copy of the written judgment (a list of evidence Nos. 10-14);

1. Application of Acts and subordinate statutes to a report on investigation (report on confirmation of the amount of damage inflicted by suspect A);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act in relation to the relevant criminal facts and Article 347 (1) of the Criminal Act (Selection of Imprisonment with prison labor);

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the amount shall be not less than 100 million won, and less than 500 million won) of the general fraud; and

2. The adjudication of sentence shall completely recover from damage.