The prosecutor's appeal is dismissed.

1. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A, the victim's statement that Defendant A acquired the E hospital from Defendant A can be sufficiently reliable in light of the following: (a) the record of the loan certificate, which is a disposal document, prepared between Defendant A and the victim, conforms to the victim's statement; (b) the victim has input the amount of KRW 265 million as operating expenses of the E hospital; and (c) the victim has actually managed the funds and facilities of the E hospital.

Nevertheless, the judgment of the court below which rejected the credibility of the victim's statement and found the defendant as the actual operator of the E hospital and acquitted the defendant on this part of the facts charged is erroneous.

Next, as long as the victim took over and operated the E Hospital from Defendant A, the testimony of the Defendants constitutes a false testimony contrary to objective facts.

However, the court below judged that the testimony of the defendants conforms to objective facts on the basis of the erroneous fact finding as seen earlier, and sentenced all of the facts charged not guilty. This is also due to the illegality of mistake of facts.

2. Determination

A. The summary of the facts charged is that Defendant A operated the foregoing E Hospital from around 2005 to around February 201, 201, Defendant B was the head of the E Hospital on the third floor of the above C Building from June 201 to around February 2012, and the victim F was the person who operated the above E Hospital from March 2007.

1) Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud Defendant A is preparing the victim to open the E Hospital on the third floor of the building C in Ansan-si, Seoul in order to operate the E Hospital on January 2, 2007, in a restaurant located in the name of the member-gu, Ansan-si, Ansan-si.