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The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in this case is as follows.
On December 3, 2012, Defendants and C concluded a contract with the victim on December 3, 2012, at the office of Defendant B located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, that “Defendant B is undergoing the procedure for acquiring the instant hospital. At the time of acquisition, Defendant B was in office in the pharmaceutical room in the above hospital, and changed the amount of KRW 50 million to operate the hospital medicine room.” On December 24, 2012, Defendant B made and entered into a contract with the victim with the above content as the performance bond, and Defendant A agreed to receive KRW 50 million from the victim with the account in its name.
However, Defendant B did not enter into an underwriting contract with F for a medical corporation operating the instant hospital. However, Defendant B entered into a contract with G to take over the said claim on November 28, 201, under which it entered into a contract to take over the said medical corporation. However, around August 10, 2012, G filed a lawsuit against the transferor on the premise that the said underwriting contract was null and void, and Defendant B had no possibility of taking over the instant hospital around December 2012. Defendant A and C knew of the fact. As such, even if the victim received KRW 50 million from the victim, the Defendants and C did not have any intent or ability to force the victim to take over the instant hospital as a pharmacist, or to operate the medicine clinic.
In collusion with the Defendants, the Defendants and C received 10,000,000 won from the victim on December 3, 2012, around December 4, 2012, 200, 20,000 won around December 4, 200 of the same year, and 20,000,000 won around December 24, 200 of the same year, as deposit money, from the victim to the account under C’s name.
2. The lower court, based on its stated reasoning, failed to take over the instant hospital at the time when the Defendants received KRW 50 million from the victim, and caused the victim to take care of the said hospital.