특정경제범죄가중처벌등에관한법률위반(사기)등
The lower court's violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud) and fraud on January 25, 2013.
1. The summary of the grounds for appeal is that the Defendant’s hospital received money from the victims by deceiving the victims as stated in the facts charged, but the lower court acquitted the victims of each of the charges of this case, thereby adversely affecting the conclusion of the judgment, by misapprehending the legal principles on the crime of defraudation, thereby adversely affecting the conclusion of the judgment. In so doing, the lower court did not err by misapprehending the legal principles on each of the facts charged, thereby adversely affecting the conclusion of the judgment.
2. Judgment on the prosecutor's assertion
A. On February 25, 2011, the Defendant purchased the F building in the Young-si, Suwon-si (hereinafter “instant building”) around February 25, 201, and opened the G Women’s Hospital (hereinafter “sans”) around June 29, 201, and around August 201 of the same year.
(hereinafter referred to as “the instant hospital” by referring to son and san director. The Defendant, at the time of the purchase of the instant building, paid 7.4 billion won out of 5.4 billion won to the transferor after one year due to the lack of financial circumstances at the time of the purchase of the instant building, but did not yet pay in full. The remainder of the funds excluding 1.4 billion won out of 7.7 billion won, including 4.7 billion won in the purchase price of the instant building, and 3 billion won in the purchase cost of the instant building, excluding 1.4 billion won in the purchase price of the instant building and 1.
In addition, since the Defendant did not prepare for the operating fund at the same rate, the Defendant opened the instant hospital, the monthly average sales of approximately KRW 150 million in year 2012, and the monthly average sales of approximately KRW 250 million are KRW 250,000 (loan interest, lease fee, salary, etc.). Accordingly, 60 employees from January 2012 to the hospital closure.