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(영문) 대전지방법원 천안지원 2012.02.22 2011고합194
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is a person working as the secretary-general of the D Hospital (the name of a signboard: E hospital; hereinafter referred to as the “D hospital”) located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and is F and married couple, the president of the said hospital.

When the above D Hospital operated by her husband was in need of funds due to excessive investment and management difficulties, the Defendant: (a) committed as if he/she were to transfer the said D Hospital to the victim G, who is the opening business, with the intention of transferring the said D Hospital definitely; and (b) if he/she borrowed money, he/she would be able to fully repay the money.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) stated to the effect that “A” restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, would transfer the management rights of the hospital” to the victim and his/her agent. It was planned to conduct a tax investigation after passing through, and then, it would be a big amount of money to be collected. If the Defendant borrowed the amount of KRW 500 million to be placed in the hospital, he/she would complete payment up to December 31, 2010, and if the acquisition is carried out, he/she would include this money as the acquisition price.”

In addition, the Defendant, through the above J, stated that “three of the five directors of the Hannnnn D Hospital under the premise of the acceptance of the car will be replaced by the victim, and the F will be provided as security the real estate located in K in the Gyeonggi-gun of Gyeonggi-do. If the payment of KRW 500 million is not made due to the mistake of the day, the Defendant would attach the insurance benefits to the attachment of the promissory note, which would cause the execution of the bond.”

However, at the time, the Defendant, at the time, called the above talk about the transfer of management rights of the D Hospital to her husband F, who was the president, did not have obtained the above consent, and there was no authority or conclusive plan for the transfer, and the above D Hospital could not transfer the hospital from the beginning to a non-profit medical corporation with the mind of the Defendant.

In addition, the defendant is legitimate.

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