A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. On February 1, 2013, the Defendant told the victim E from the D head office located in the Dong-gu Busan Metropolitan City, that “The amount of money to put the G Hospital located in F into the G Hospital. The estimate of the supply of equipment to the hospital is KRW 50 million, so that the Defendant would immediately pay the money to the hospital.”

However, the Defendant did not have any property other than KRW 1,00,000 at the time, and did not pay interest for KRW 17,000,000,00,000. Thus, even if he borrowed money from the victim, the Defendant did not have the ability to pay such money. Even if he received money from the victim, he did not intend to use it for the purpose of the supply of medical equipment.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the corporate bank account (Account Number: H) in the name of the Defendant on the same day.

2. Around February 8, 2013, the Defendant told the victim at the above D head office that “on the ground that there was no money to contact with the person in charge of G hospital for the purpose of receiving money, which would be KRW 1 million loaned.”

However, since the defendant was in the same situation as the statement in Paragraph 1, he did not have the ability to repay the money even if he borrowed the money from the victim. Even if he received the money from the victim, he did not intend to use it for the cost of living with the person in charge of G Hospital.

As above, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim in the same manner as that of paragraph (1).

3. Around February 15, 2013, the Defendant stated that “In order to put the victim with Seoul Staff and medical equipment working for a thickness, the Defendant is required to put the victim in the above D head office, and KRW 5 million in money in the delivery. It is now necessary to solve this problem, but the G Hospital revenues will also be resolved.”

However, the Defendant borrowed money from the victim because of the situation described in Paragraph 1.