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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.
Reasons
Punishment of the crime
On January 17, 2013, the defendant was sentenced to imprisonment with prison labor for six months and two years of suspended execution in Seoul Western District Court for fraud, and the judgment became final and conclusive on the same day.
[2013 Highest 1590] The Defendant planned to take over the D Hospital in both weeks to operate the convalescent hospital, but failed to provide funds necessary for its operation, and was not finally purchased the hospital building (negative in October 20, 201). In addition, the building subject to purchase had a little possibility of commencement of remodeling works in the convalescent hospital because some creditors (E and four other creditors) against the former owner already exercised the right of retention, etc., and thus there was no intention or ability to contract the construction to the victims, even if they borrowed money from the victims, they did not have any intent or ability to repay the said money.
1. On September 1, 201, the Defendant borrowed KRW 20 million from the victim’s new bank account in the name of H on October 19, 2011, which was transferred from the victim to the new bank account in the name of H on the following grounds: “The Defendant, after taking over the D Hospital in Yangyang-si, intends to operate the convalescent hospital in the name of G Hospital in Yangyang-si, I would give a contract upon commencement of the construction, and pay advance payment at the beginning of the construction.”
Accordingly, the defendant, by deceiving the victim, obtained a total of 20 million won and acquired it by fraud.
2. On December 21, 201, the Defendant displayed the Victim I’s business registration certificate of the “G Hospital” as the “G Hospital’s place of business,” which was indicated as the “Seoul-si, Yangyang-si, Yangyang-gu, Yangyang-si, Yangyang-si,” and the Defendant’s term “G Hospital intends to take over the D Hospital in Yangju-si, Yangju-si, to operate the hospital, and to give a contract for interior works, and then borrowed KRW 20 million from the victim, that is, the Defendant received KRW 10 million from the victim.”