The defendant shall be innocent.

1. Around January 17, 2012, the summary of the facts charged: (a) entered into a contract for transfer and acquisition with E to acquire all assets related to the F Hospital operated by E, a doctor, in total amount of KRW 6.8 billion; and (b) to purchase the above hospital funeral hall in the amount of KRW 500 million; and (c) transferred KRW 500 million to E on the same day.

Since the above contract was concluded on the premise that D is establishing a medical corporation, D has concluded a consulting contract for the establishment of a medical corporation by paying a consulting cost of KRW 70 million to the adviser H of “G” specialized in medical consulting companies at that time.

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was not established within a reasonable period after the conclusion of the contract, the above sales contract was rescinded on June 4, 2012 pursuant to the above provision on the right to rescind the agreement.

Since D had already paid KRW 500 million to E in the funeral home sales price, D claimed that the claim for ownership transfer registration of the funeral home had been made, and filed a lawsuit against E as to the claim for ownership transfer registration of the funeral home in Daejeon District Court Decision 2012Gahap2739.

On September 25, 2012, around 15:30 on September 25, 2012, the Defendant appeared and taken an oath as a witness of the lawsuit claiming the registration of ownership transfer at the Daejeon District Court Branch, and stated that the examination of the Plaintiff’s legal representative “I have received the above KRW 70 million (the consulting cost necessary for the establishment of the medical corporation)” was “I have taken custody of the said KRW 70 million.”

However, on January 2012, the Defendant concluded a consulting contract for the establishment of a medical corporation with D, and concluded a medical corporation with D at the above H, stating that “D was paid KRW 70 million at consulting costs,” and such medical corporation is medical corporation.