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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of facts or misunderstanding of legal principles)
A. The Defendant committed deception against the victim on the ground that there was no statement to the effect that he did not make the victim free of charge water, which is the throst of the Plaintiff’s usual drinking, and that he did not say to the effect that “if you drink to the extent of 30 diseases, it would be treated clean.” Thus, there was no fact that the Defendant committed deception against the victim.
In addition, there was a deception in September 2015, as stated in the facts constituting the crime in the judgment below.
Even if the defendant received 1 million won as the material cost from the injured party on February 24, 2016, it is difficult to recognize the causal relationship between the defendant and the person who received 1 million won as the material cost.
B. The fact that the Defendant violated the Medical Service Act is registered as the patent H of an invention and making soup shall not be deemed as a medical practice regulated by the Medical Service Act.
2. Determination
A. 1) The lower court also asserted the same purport as the grounds for appeal in this part. Of the evidence adopted and examined by the lower court, the victim C victim died on January 10, 2017.
Each document stating his statement constitutes “when a person who has made the statement is unable to appear and make a statement in the official judgment due to the death of the person who has made the statement,” as prescribed in Article 314 of the Criminal Procedure Act, and it is proved that the preparation of the document was made under particularly reliable circumstances.
In light of the above, the admissibility of evidence was admitted, and the following circumstances that can be recognized by the above evidence were taken into account, the court rejected the assertion and found guilty of this part of the facts charged.
1. At the police twice, the victim believed the Defendant’s horse that “if he/she drinks the medicine he/she has manufactured, his/her cancer is suspended, and such cancer is treated clean,” and one liter, containing an inorganic liquid from the Defendant.
10,000,000 won upon request from the defendant to purchase materials necessary for the manufacture of drugs.