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(영문) 수원지방법원 2020.08.27 2020고단3244
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who operated the “C”, a medical waste collection business entity, was a person who concluded an entrustment contract with multiple hospitals for the collection, transportation, and disposal of medical wastes, and then claimed the waste disposal cost to the hospital every month according to the quantity measured by collecting medical wastes from each hospital.

The Defendant listened to the speech that there is a place where the Defendant’s company does not confirm the discharge amount of medical wastes collected from the hospital in the course of transactions from D, which is an employee in charge of collecting and transporting medical wastes, and when claiming the waste disposal fee to the relevant hospital, he/she acquired money by means of falsely cutting the amount of medical waste collection and claiming excessive payment.

1. On June 2013, the Defendant, at the above “C” office around early 2013, calculated the amount of waste disposal on May 2013, for the F Hospital operated by the victim E, according to the amount of medical waste collection on the part of the F Hospital operated by the victim E. In fact, on May 2013, the Defendant collected 610km even though the medical waste collected by the said F Hospital was collected 548km, and then claimed for the amount of waste disposal to be collected as 488,000 won (=610km unit price x 800 won).

The Defendant received waste collection amount from the victim around that time, and received 438,400 won (=548kg x 800 won per unit price) equivalent to the difference between the amount of waste collection and the actual amount of waste disposal.

From that time to that time, the Defendant received the total sum of KRW 4,907,300 from the victim by falsely claiming the amount of waste collection on 57 occasions as shown in the attached list of crimes (1) from the beginning of August 2018.

2. The Defendant committed a crime against the victim G (H hospital) at the above “C” office around the beginning of July 2014, and at the H hospital operated by the victim G on June 2014.

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