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(영문) 인천지방법원 부천지원 2012.11.22 2012고단693
사기등
Text

A defendant shall be punished by imprisonment with prison labor for seven years and by a fine of thirty thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From January 20, 201, the defendant is the current president of G medical corporation that operates E Hospital (the site 290 square meters, the ground 6th floor) located in Dongjak-gu Seoul Metropolitan Government, F, and the funeral home attached thereto.

1. Around October 2010, the Defendant: (a) paid KRW 4.5 billion between the former president of the G (former president) and the former president of the G (former president) who is the victim; and (b) made oral agreements to acquire or transfer the status and operation rights of the G president; (c) however, in order to restore the original state in cases where a dispute arises or a payment delay is delayed, the Defendant decided to deliver “written resignation of the president and the resignation of the new director” in the name of the Defendant constituting the

However, the Defendant did not have any occupation at the time and did not have the ability to pay the acquisition price of KRW 4.5 billion. However, the Defendant had no ability to pay the acquisition price of KRW 4.5 billion on account of the fact that there was no prohibition of the acquisition or transfer by consideration by a medical corporation under the current law, and had been constantly disputed about the acquisition price by taking account of the circumstances that the said contract ought to be entered into a verbal agreement, and was willing to neglect the above medical corporation’s right to property and operation without giving the “written resignation from the president and the resignation of the directors,” which was promised

Therefore, around January 20, 201, the Defendant acquired from H the right to operate G with property value equivalent to KRW 1.9 billion in the market price, such as hospital buildings and site, from H, and acquired the right to operate G with property value equivalent to KRW 1.1 billion in the market price from H, by falsely stating that “The Defendant shall pay KRW 4.5 billion as the acquisition price, if he/she transferred the president’s position, and if the terms and conditions of the contract are not properly implemented, he/she shall deliver a resignation letter to the new president and directors as a collateral for the measures to restore the original state if the terms and conditions of the contract

2. In order to dispose of the property of the Medical Foundation, the Defendant obtained permission from the authorities, but at the above G Office around April 1, 201, without obtaining permission from the authorities.

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