A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The defendant is a person who operates C Co., Ltd.

D Hospital is a private hospital established under the direction of E, although its site and building are owned jointly by E, F, and G.

In addition, the Defendant knew for a long time with E, the actual operator of the foregoing hospital, and around August 2010, when the D Hospital was in financial difficulties since the D Hospital was opened, the Defendant came to borrow the D Hospital site, buildings, and medical appliances as collateral to the above E and H, F, etc., and began to participate in the operation of the D Hospital.

1. Around December 6, 2010, the Defendant told the said victim E at the above D Hospital located in Jinju-si, Jinju-si, that “If the Defendant lends one promissory note with a face value of KRW 20 million in the issuance of D Hospital F, the Defendant would have to pay it at the due date.”

However, the Defendant had at least 20 million won of the obligation, and even if the Defendant received a promissory note from the victim because the above newspaper company's management status is not good, the Defendant did not have any intent or ability to pay the price.

The Defendant, as such, received a promissory note from the J, a financial director of the said hospital, to whom the victim was urged by deceiving the victim and received instructions from the victim, the Defendant received a promissory note as stated on March 6, 201, stating the date of the payment of KRW 20 million in face value of the issuance of D Hospital F.

2. On December 28, 2010, the Defendant in breach of trust was requested from the pertinent D Hospital E to discount the face value of 200 million won for the issuance of the D Hospital president FF issued by the D Hospital president at the D Hospital. If the said Promissory Notes are discounted through a third party, the Defendant had a duty to receive discount from the delegating’s interest and deliver it to the delegating.

However, around May 17, 2010, the Defendant borrowed KRW 40 million from K, and was unable to repay the said KRW 40 million until the said date, and was urged by K to repay the borrowed amount. However, the Defendant did not obtain prior consent from the victim.