A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Majority Opinion] On August 29, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Gwangju High Court on August 29, 2013, and the said judgment became final and conclusive on September 6, 201

[Criminal facts]

1. On September 24, 2009, in the office of the president of the D Hospital run by the Defendant at Fagpo City C, the defrauded made a false statement to the victim E that “I will use the hospital operating fund only for one month and make a repayment without mold.”

However, in fact, D Hospital’s liability was approximately KRW 2,766,187,810, and the Defendant had personal liability of KRW 677,00,00 for F, G, H, I, I, and J. The Defendant had had an obligation to pay the amount of KRW 1,910,000 for Gwangju Bank, and as a collateral collateral for the foregoing hospital’s medical care benefit and medical care benefit amounting to KRW 10,00,000 for the foregoing hospital’s claim amounting to KRW 10,00,000 for the foregoing hospital’s medical care benefit and medical care benefit amounting to KRW 10,00,000 for the transfer of the claim to Gwangju Bank, there was no intention or ability to pay the amount even if having borrowed money from the damaged person.

As such, the Defendant, by deceiving the victim and deceiving him as such, KRW 50,000,00 for the same day from the victim, and KRW 20,000 for the same day from January 4, 2010, and for the same year from the victim.

2. On April 1, 200, around 10,000 won, around 23, 200, around 10,000 won for the same month, and around 10,000,000 won for each cash or check issued on June 15, 2010, and acquired financial benefits equivalent to the same amount by causing the victim to pay on behalf of the victim the payment of the amount of KRW 3,090,000 for the installation of TV in a hospital around June 11, 201, and by failing to change it.

2. On February 22, 2010, the Defendant acquired the price of delivered medicines by deception means that, at the office of the president of the above D Hospital, the victim E, the representative of the K Stock Company, “the prime price would be paid within three months after the delivery of the medicines” and the written agreement on the same content was drawn up.

In fact, however, D Hospital operated by the Defendant had a debt of approximately KRW 2,766,187,810, and other Defendant against F, G, H, I, and J. 677,00.