The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) if the victim subsequently takes over a hospital, it refers to the truth that the victim will take over the operation right of the cafeteria; and (b) if the victim received a payment of KRW 15 million from the victim as investment money, it was used to take over the hospital; (c) as a result, it was not possible to transfer the right to operate the cafeteria within the hospital because it failed to attract additional investment, and there was no intention

Nevertheless, the judgment of the court below which found the defendant guilty of fraud is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The following circumstances revealed by the evidence duly adopted and examined at the court below. The victim E consistently stated to the effect that the defendant paid KRW 15 million to the defendant under the name of the deposit money for the management of the cafeteria, and that it is not an investment in the defendant's DNA hospital acquisition business. The contents of the loan certificate between the defendant and the victim are the return of KRW 15 million where the defendant is unable to give the victim a right to operate the cafeteria within the premises, which corresponds to the victim's statement. ② However, on August 5, 2013, the defendant entered into an agreement on the management of the operation right of G and D hospital with a total amount of KRW 30 million on the acquisition of the operating right of KRW 15 million and KRW 13 million,000,000,000 which was paid from E after entering into the agreement on the operation right of the G and D hospital, and the defendant did not receive any money from the victim other than the gift, and the defendant did not have any authority to receive any money from the victim.