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(영문) 창원지방법원 마산지원 2013.05.08 2012고합5
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A as a doctor, operated the F Hospital in Changwon-si Mucompo-gu E.

Defendant

A had not settled the construction cost under the construction contract of a building to be used as the above hospital between the victim G and the victim G, and the obligation for the unpaid construction cost was also included in the amount of 18.5 million won guaranteed by the defendant A against the victim H corporation.

The facts charged in the instant case provide that “The injured Party G shall complete the substantial repair construction of the building to be used as the above hospital on or around March 23, 2011, and shall have a claim for the construction cost of approximately KRW 980 million against the Defendant [including the amount of KRW 125 million guaranteed by the Defendant against the injured Party H (representative in charge)]. However, as examined thereafter, it is difficult to specify the amount of the Defendant G’s claim against the Defendant as equivalent to KRW 980 million, and the amount of the guaranteed obligation against H is KRW 1850,000,000,000,000,000 won. As such, this part was corrected as above.

I was a person who operates a restaurant at the above hospital and had approximately KRW 600 million claims for the return of lease deposit to Defendant A, and the victims were demanding the Defendant A to pay their obligations.

Defendant

A From June 21, 2011, since the above hospital business began, A was entitled to monthly medical expenses from national health insurance.

Accordingly, Defendant A, through I, notifies the National Health Insurance Corporation of the transfer of the claim for the medical expenses to be paid to the hospital operated by the transferor in the National Health Insurance Corporation with respect to KRW 2 billion borrowed from the transferor A to the transferee I, and notify the transferor A of the transfer of the claim for the medical expenses to be paid to the hospital operated by the transferor in the National Health Insurance Corporation with respect to KRW 3 billion borrowed from the transferor I.

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