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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. In addition, the defendant did not say that the defendant had been permitted to a funeral hall in the hospital building where the defendant was newly built, and the victim had already been aware that he would not be permitted to a funeral hall in the above building. Thus, the defendant did not deceiving the victim, and the defendant had no intention or ability to build a hospital at the time of the conclusion of the above contract, and thus, the court below which found the facts charged and convicted the defendant, thereby affecting the conclusion of the judgment.
B. The sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The summary of the facts charged is that the Defendant newly built the building of the E Hospital in Gyeyang-Gun, etc. from Jun. 2007 to Aug. 2008, the Defendant: (a) concluded that the above hospital site was a Class-I general residential area in which the funeral hall cannot be constructed; (b) the Defendant was unable to normally build the hospital due to the lack of special property or funds from the Defendant at the time; and (c) even if the Defendant received money from the victim as the security deposit for lease of the funeral hall from the above hospital, the Defendant did not have the intent or ability to allow the victim to operate the funeral hall at the above hospital; (d) on August 20, 207, at the victim G’s house located in the Namyang-Gun F of the former Soyangyang-gun, the Defendant acquired the deposit deposit amount of KRW 130 million from the hospital where the head of the Gu was newly built to operate the funeral hall as of Dec. 12, 2007 to transfer it from the victim’s seat to the said hospital’s account without delay as the deposit deposit money, and transferred on Feb. 17, 17.
B. The main issue of the instant case is the victim.