위증
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal is that the defendant's testimony constitutes a statement contrary to memory, although considering the following: H entered into a consulting contract with D with D and was aware of the fact that H received money from D; the police stated that the defendant was aware after the completion of a civil trial conducted by the defendant; however, the prosecutor's office and the court below reversed it and it is not consistent with the statement; the purpose of inquiry at the time of examination of the witness was to confirm whether H received consulting expenses rather than the amount of KRW 70 million; and there was an emphasis on confirming whether H received consulting expenses at the time of examination of the witness; the defendant's testimony constitutes a statement contrary to memory; however, the judgment of the court below acquitted the defendant, by misunderstanding the facts or misunderstanding
2. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor entered into a sales contract with E on October 7, 2014 with the content that “D will acquire all assets related to the F Hospital operated by E, a doctor, from January 17, 2012, in total amount of KRW 6.8 billion, and the transfer/acquisition agreement with E to acquire all assets related to the F Hospital operated by E, a doctor, and the funeral hall of the said hospital, and remitted KRW 500 million to E on the same day.
Each of the above contracts was concluded on the premise that D is establishing a medical corporation. At that time, D entered into a consultation contract for the establishment of a medical corporation with a consulting firm H as an adviser of “G” to pay 70 million won for consultation.
Since then, the above hospital transfer and acquisition contract was null and void by agreement between D and E. Meanwhile, the above funeral home sales contract included a provision on the right to rescind an agreement in preparation for the case where a medical corporation was not established, but E, on the ground that the medical corporation was not established within a reasonable period after the conclusion of the contract, the above sales contract was rescinded on June 4, 2012 pursuant to the above provision on the right to rescind the agreement.
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