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(영문) 서울북부지방법원 2013.08.07 2013고합119
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

From April 14, 2011, the Defendant is a director of the Victim Incorporated Foundation D (hereinafter referred to as the “victim Incorporated Foundation”) located in Yeongdeungpo-gu Seoul Metropolitan Government from around April 14, 201, who has been engaged in the management of the E Hospital, which is an affiliated hospital of the Victim Incorporated Foundation.

Around September 7, 2012, the Defendant: (a) received a request from the representative director of G medical corporation G, which was known in the coffee shop near the Guro-gu Seoul Metropolitan Government, to lend money to purchase the “Seoul F land and building” owned by H in the amount of KRW 17.63 billion; (b) the Defendant did not have any relationship with the victim foundation; (c) the Defendant did not secure the measures to collect funds in the case of lending the same seal impression as that of the Plaintiff foundation; (d) even if the Defendant did not transfer a claim of KRW 1.2 billion to the National Health Insurance Corporation of the Incorporated Foundation; and (e) prepared two copies of the special agreement to transfer it to the Plaintiff, in violation of its duties, and prepared two copies of the above agreement to keep the transferor’s name and seal affixed to the Plaintiff, a joint and several surety, stating that it will transfer a claim of KRW 1.2 billion to the Korea Health Insurance Corporation (hereinafter referred to as the “Co-Defendant”).

Accordingly, for the purpose of uttering, the Defendant forged two copies of “a special agreement” and “a notice of assignment of claim” under the name of the victim foundation, which is a private document on rights and obligations.

The defendant continues to be aware of the forgery at the same place. K representative director of the seller, K and G representative director of the medical corporation.

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