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

Punishment of the crime

[Basic Facts] The Defendant is a person who, while serving as a director of the C Medical Foundation, received and operated the E convalescent Hospital in the Chungcheongnamnam Budget Group D around April 2014.

The Defendant borrowed approximately KRW 60,00,000 from F to December 15, 2014 through F of F’s Administrative Director in order to prevent the operation of the above hospital from being in excess of his/her debt, and used it for the hospital operation from around August 2014 to around December 15, 2014. On December 5, 2014, in order to secure the above loan obligation, the Defendant set up a collateral security right of KRW 90,000,000 for the Defendant’s claim amount to KRW 105,302 on the part of Pyeongtaek-si and one other on December 5, 2014. On September 30, 2015, the Defendant continuously borrowed money from the victim, and continued to borrow money to KRW 94,90,000,000 for the Defendant’s obligation to the victim.

[2] On September 30, 2015, the Defendant is entitled to receive the amount of KRW 60 million as a security deposit from the victim at the office of sale in Pyeongtaek-si J around September 30, 2015, by setting aside the right to collateral security of KRW 90,000,000 in the maximum amount of the bonds set forth in 105, Dong 302, I building 105.

It is reasonable to promptly repay part of the debt with the deposit of the deposit.

“.......”

However, the defendant only thought that the deposit of the above 302 was used for the personal purpose, such as the repayment of the loan to financial institutions, and did not intend to pay the victim as the repayment.

Nevertheless, on October 1, 2015, the Defendant had the victim cancel the registration of the establishment of the right to collateral security on the I building 105 dong 302, around October 1, 2015. On October 15, 2015, the Defendant was issued KRW 67 million as the deposit for the right to collateral security on the I building.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 67 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to G and F;

1. Application of Acts and subordinate statutes governing the details of gold transfer transactions, certificates of borrowing, certificates of commitment, and entire certificates of registration;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;