The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

A. Until September 30, 2010, the Defendant asserted misunderstanding of facts, the Defendant was the acquiring entity of the instant hospital, but was virtually excluded from the acquiring entity of the instant hospital after October 3, 2010, and E and F became the acquiring entity of the instant hospital on behalf of the Defendant.

However, even though the defendant was actually excluded from the acquiring entity of the instant hospital as above, the fact that the defendant issued a promissory note to the victim I as if he were the joint acquirer together with E and F. However, there is no fact that the defendant, in collusion with E and F, deceiving the victim by deceiving the victim, regardless of whether the defendant bears civil liability for the victim due to such act.

B. The lower court’s imprisonment (one year of imprisonment) on the ground of unreasonable sentencing is too unreasonable.

According to the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the following facts may be recognized:

On March 4, 2010, the Defendant entered into a contract for acquisition by transfer from B Hospital C (hereinafter “instant hospital”) to acquire management rights of the instant hospital (the acquisition fund shall be KRW 10.5 billion, but the Defendant shall take over the obligation of KRW 7.5 billion, and the remainder KRW 3 billion shall be paid to C by September 4, 2010). In the instant contract, if the Defendant fails to take over the instant hospital, the Defendant shall pay KRW 300 million to C. Since the obligation to pay the acquisition fund under the contract was not fulfilled properly, the Defendant shall pay the acquisition fund by extending the payment period between C and September 8, 2010, and shall pay the intermediate payment of KRW 450 million by September 15, 2010.

Even after the payment deadline has been extended, the Defendant still experienced difficulties in raising acceptance funds, and E, F, M, H, J, and N below, on October 3, 2010.