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Defendants are not guilty.
Reasons
1. Defendant A of the facts charged in the instant case is the president of the G Medical Foundation, who is the president of the G Medical Foundation, and Defendant B is the “H convalescent hospital” building operated by the said medical corporation and the actual owner of the site thereof, who operates the said medical corporation jointly with Defendant A.
Defendant
On August 19, 2014, A entered into a lease agreement with the victim I and two other medical corporations (the name of the tenant) under the name of the medical corporation office at the above medical corporation, under which the lease deposit amount is KRW 200 million (the contract amount of KRW 70 million, the intermediate payment of KRW 60 million, the remainder of KRW 70 million, the remainder of KRW 70 million), the lease deposit amount of KRW 1.5 million, the lease period of KRW 1.5 million from October 6, 2014 to October 5, 2019 (hereinafter “instant lease agreement”). Defendant B guaranteed the lessor’s obligation under the said lease agreement, and received KRW 20 million from the victims of the lease deposit on the same day.
On August 20, 2014 following the date following the conclusion of the above lease agreement, the Defendants knew that the Jeonju District Court Branch of the Jeonju District Court accepted an application from the creditor KK on August 18, 2014 with respect to the building and its site of the said hospital, and decided to commence compulsory auction (L; hereinafter “instant decision to commence compulsory auction”), and thus, the Defendants were obligated to notify the victims, who are lessee, of the fact that the above decision to commence compulsory auction was to be made. However, even though they were obligated to notify the victims of the fact, the Defendants conspired to do so without notifying the victims of the fact that they did not know of the fact, as lease deposit, the amount of KRW 50 million from the victims
9. 5. 30 million won, 19.3 million won for the same month, and 30 million won for the same month; and
7. The sum of KRW 20 million and KRW 180,000,000 on the 17th day of the same month was deposited in the Defendant’s bank account and acquired it by deceit.
2. The prosecutor shall make the instant lease contract after the Defendant entered into.