Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant

A. A.

A. The lower court’s punishment (three years of imprisonment) against Defendant A (unfair sentencing) is excessively unreasonable.

B. Defendant B (misunderstanding of Facts) was aware that Defendant B was supplied with medical equipment from HX and was supplied with the medical equipment to Defendant A. However, in light of transaction practice or past experience, Defendant A’s medical equipment installed at Defendant A’s hospital, first of all, was thought to prepare a HX and supply contract ex post. However, during the lease contract being in progress, Defendant B was aware of the fact that she would directly pay for the goods to HX, and she did not have any relation even if she was paid for the goods. As such, Defendant B paid money from the victim to Defendant A on the ground that she was not related.

However, Defendant A did not pay the money that Defendant A received from Defendant B and used individually.

Therefore, as indicated in the facts charged in the instant case, Defendant A did not know that Defendant A purchased the above medical equipment from HDX at a premium, and there was no think that Defendant A did not supply any actual medical equipment with Defendant A, but did not intend to prepare a false supply contract, etc.

Defendant B, in collusion with Defendant A, acquired the price by fraud from the damaged person.

The judgment of the court below is erroneous in finding facts.

2. As to the grounds for appeal by Defendant A, the above Defendant acquired a large amount of money exceeding KRW 400 million from eight victims on several occasions for a short period of time, which is less than three months.

The above defendant committed the crime in a planned manner, such as filing for rehabilitation before three months have passed since he/she borrowed money from the victims.

The above defendant paid some amount of damage to the victims

Even if the amount of unrepared damage is limited to the amount of damage up to the first instance, it is reasonable to exceed KRW 200 million.

On the other hand, the above defendant's license is revoked due to a drinking crime.