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

Punishment of the crime

In early 2008, the Defendant met or learned the victim B at the parents' meeting of high schools, which are accompanied by his father, and thereafter, the Defendant, the husband of the Defendant, operated a mental hospital in reinforcement to the Defendant’s husband, and the Defendant was working as a social welfare worker at the above mental hospital as if he had refident. On April 2009, the Defendant made a false statement to the effect that “If the Defendant was to lend money to the hospital’s operating fund, 25 million won would be used by the Corporation, and the Defendant would pay the medical expenses out of the hospital’s operating fund.”

However, the Defendant and C did not have any special asset with a collateral value at that time, but did not pay bank loans, etc., and was in bad credit standing. The Defendant and C, a doctor, established and operated an E Hospital under the name of the doctor D, was liable to pay approximately KRW 100 million to its employees. Even if the Health Insurance Corporation received medical expenses, there was a shortage of hospital operating funds, and thus there was no intention or ability to pay them normally even if they borrowed money from the victim.

Around May 13, 2009, the Defendant received KRW 25 million from the victim’s account transfer in the name of the Defendant (Account Number F).

Around September 30, 2010, the Defendant continued to make a false statement to the effect that “The Defendant shall make a phone call to the victim at the H Hospital located in Nam-gu Incheon Metropolitan City, Incheon Metropolitan City, and that “The employees shall lend money that falls short of the employees’ benefits, and the Medical Insurance Corporation shall make a full payment of the claimed expenses.”

However, at that time, the Defendant, along with C, bears a large amount of liability for operating expenses of the hospital due to the lack of operating expenses of the hospital, and even if the Health Insurance Corporation received medical expenses, the Defendant was in a situation where the hospital operation funds are insufficient, and thus, the Defendant would normally pay the amount of money from the victim even if he/she borrowed money.