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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[Majority Opinion] On September 18, 2014, the Defendant was sentenced to a suspended sentence of three years in one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on September 18, 201, and the judgment became final and conclusive on September 26, 2014.
[Criminal facts] The Defendant was working as the head of a hospital in the “D convalescent Hospital” located in Daegu Metropolitan City-gun C.
On October 2013, the Defendant deposited KRW 20 million with the delivery deposit to the victim F, who operates food materials supply business in the name of “E” in the office of the head of the above D hospital in the hospital in the D hospital in the middle of 2013. The deposit is a security deposit for food poisoning accident that may arise due to the failure to supply food materials at once or due to food poisoning.
When food is supplied without any problem for a period of one year, the deposit will be refunded without any framework after one year.
“The phrase “ was false.”
However, the Defendant, at the time of providing loans for the opening of a hospital, was liable for personal debt worth approximately KRW 1.2 billion, and the above hospital was virtually aware of the fact that it was a non-medical personnel G, the head of the general department, and the so-called "office-general hospital" operated under the direction of the vice president H, and was under a continuous investigation from March 2013 by the Daegu-gu Branch Office of the District Prosecutors' Office for the suspicion of violation of the Medical Service Act. In addition, since March 2013, the medical care benefit payment was refused from the National Health Insurance Corporation and the hospital was faced with the shortage of the hospital operation. Since around September 24, 2013, the above G and H filed a request for detention warrant from the National Health Insurance Corporation, and the Defendant continued to be aware of the additional criminal facts of the Defendant, and thus, the future criminal trial was anticipated to run normally from October 1, 2013.
Since it is difficult to see it, even if it receives 20 million won as a security deposit for food supply from the injured party, it guarantees the victim to supply hospital food supply for one year or one year.