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The judgment below
Part of innocence against Defendant A and part on Defendant B shall be reversed, respectively.
Defendant
A, B.
Reasons
1. Regarding the summary of the grounds for appeal (misunderstanding of facts), according to the evidence submitted by the prosecutor, the Defendants, despite being aware that it is impossible to lease the foundation in collusion, will rent the foundation due to the lack of money in the operation of the foundation.
It may be fully recognized that the fact that the damaged person has been paid the deposit rapidly by deceiving him/her.
Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous.
2. Determination
A. The summary of this part of the facts charged is the president of E; Defendant B, as a management director of the F convalescent Hospital, intended to receive money from the victim G to receive money as a security deposit in return for exceeding the F convalescent Hospital’s operating right due to financial difficulties.
Defendant
B At the F Hospital Management Director Office located in H on February 8, 2015, G around 14:00, the victim would be entitled to rent KRW 10 million per month for KRW 500,000,000 per month for the deposit money to the lessee at the F Hospital Management Director Office of H on February 8, 2015.
However, it would be leased to the Party on a condition that the monthly rent of KRW 300 million is 5 million, and instead, it would be paid as soon as the deposit is paid in February, and the hospital is operated from March 1. The Defendant A, who was the representative director of the Party E, was reported by the Defendant B on the same day to enter into a lease agreement with the victim.
However, it was impossible for an injured person under the Medical Service Act to operate a hospital, and a negotiation with I and E with an equipment exceeding the operation of I and E was underway on February 1, 2015. In fact, the victim had no intention or ability to operate a hospital, since it was agreed that I would receive financial support from I and would go beyond the operation of the said foundation on February 10, 2015.
The Defendants are victims as above.