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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On April 10, 2012, the Defendant: (a) at the construction site of the “D Hospital” operated by the Defendant in C 401, Namyang-si, Namyang-si; (b) at the time, the Defendant was liable for a large amount of KRW 1 billion at the time; (c) at the time of the operation of the hospital, the Defendant did not have the intent or ability to pay the cost of construction to the victim because it was extremely difficult for the employees to pay the cost of construction because of its economic difficulties, such as not being able to dismiss the deficit; (d) even if the Defendant did not have the intent or ability to pay the cost of construction to the victim, the Defendant stated, “If the contract was completed after the commencement of the construction, it is expected that the pharmaceutical company will pay the down payment if it would have been known that it would have yet to do so; and (e) it would have paid the cost of construction to the victim after completing the construction work in an amount equivalent to KRW 73,194,000.
Summary of Evidence
1. Court statement of the defendant (the second trial date);
1. Statement to E by the police;
1. Application of the Act and subordinate statutes to the Seoul Central District Court 2012Kadan39544 regarding the decision of provisional seizure against claims, the contract for construction works, estimates and drawings, and the increase or decrease in construction costs
1. The scope of the final sentence to be recommended by the sentencing guidelines for the pertinent Article of the relevant criminal facts and Article 347(1) of the Criminal Act: The scope of the punishment for the reasons for sentencing of the punishment: From January to June of imprisonment; the final sentence period recommended by the sentencing guidelines: [the type of crime] from June to June of the relevant crime group, the type of less than KRW 100,000 of the general fraud standard (special punishment): None of the factors for the increase and mitigation of the punishment (special punishment): [the scope of the recommendation] basic area (from June to June of one year): None of the mitigated factors: The amount of damage caused by the serious half sentence is considerably larger than KRW 73,194,00, the total amount of the construction cost; trust coming from the social position of the doctor without any consent.