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A defendant shall be punished by imprisonment for three years.
The defendant shall take money 30,000,000 won and this shall apply to the applicant by fraud.
Reasons
Criminal facts
Criminal facts
"2016 Gohap 155"
1. On January 29, 2015, the criminal defendant against the victim D told the victim D to “on the face of KRW 100 million from the end of the contract to the end of the following month, and the settlement of the cost of food materials will be made on the last day of the following month” in the Fvalescent hospital operated by the defendant in Gwangju-si Mine-gu, Gwangju-si, that the victim D would supply food materials from February 1, 2015 to January 31, 202.
However, in fact, the defendant did not have the intention or ability to pay the price normally even if he received food from the injured party due to a debt of about 1.3 billion won or more in the situation where the enemy was accumulated due to the operation of the hospital at the time, and there was no intention or ability to return the price even if he received the deposit.
Nevertheless, the Defendant: (a) received each payment of KRW 60 million on January 30, 2015; (b) KRW 20 million on March 27, 2015; and (c) KRW 20 million on March 31, 2015; and (b) obtained property benefits equivalent to the same amount by failing to pay KRW 84,401,960 on August 1, 2015, from February 1, 2015 to September 22, 2015, after being supplied with food materials equivalent to KRW 166,97,224 on eight occasions as shown in the attached Table of Crimes (1).
2. Fraud against victim G;
A. Around August 6, 2014, the Defendant said that “Around August 6, 2014, the victim G’s husband H provided the same policy or diaperous goods to the victim G, thereby paying the price after three months after the prime day.”
However, in fact, the Defendant did not have any intention or ability to pay the price normally even if he received the goods from the injured party, because the Defendant had a debt of approximately KRW 650 million in the situation where the enemy was accumulated due to the bad operation of the hospital at the time.
Nevertheless, the Defendant is the sum totaling up to 110 times from January 8, 2015 to November 16, 2015, as shown in the List of Crimes (2) as shown in the foregoing false statement.