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The defendant's appeal is dismissed.
Reasons
1. On March 3, 2016, the summary of the grounds for appeal: (a) at the time of remitting KRW 130 million to the Defendant as the down payment at the F Hospital’s cafeteria; (b) there was a legal dispute related to the creditors of Q, who are the former president of the F Hospital; (c) the F Hospital was investigating into a so-called office hospital and was sufficiently aware that there was economic difficulties; (d) the Defendant also notified the facts to B; and (e) the Defendant was also aware of all such circumstances; and (e) the lessee was deprived of possession of the whole lessee of the funeral hall and the cafeteria; and (e) the Defendant could not exercise its opposing power against B, etc., the Defendant’s
Nevertheless, the court below erred by misapprehending the legal principles and misconception of facts which found guilty.
2. The lower court found the Defendant guilty of the conjunctive charges on the grounds that the following circumstances acknowledged by the evidence duly adopted and examined by the lower court: (a) the Defendant was the party to the contract; (b) the Defendant was the party to the contract; and (c) the 130 million won property victim transferred to the cafeteria deposit in the cafeteria appears to be the entire partner B, C, and D; (b) the F Hospital was investigated as a violation of the Medical Service Act; and (c) the suspension of the payment of medical care benefits and its operation as a large person each month; and (c) the Defendant did not seem to have concluded the funeral hall and the cafeteria even with the knowledge of these contents.
3. Judgment of the court below
A. The following facts are acknowledged according to the evidence duly adopted and examined by the court below and the court below.
1) On July 16, 2015, the Defendant decided to take over a F Hospital on condition that the Defendant assumes the obligation of KRW 55 million from the Qhead, and operated the F Hospital after adding the name of the Defendant to the founder of the F Hospital on July 20, 2015. (ii) The Qhead of the Qhead of the Q Hospital was an office hospital at the time of operating the F Hospital.