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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, it is recognized that the defendant deceivings the victim and defrauds the victim with 30 million won as a provisional contract deposit.
2. The lower court determined that it is difficult to recognize not only the Defendant’s deception but also the Defendant’s criminal intent to acquire fraud by taking account of the following circumstances. A.
One of the deceptions stated in the indictment is that although the Defendant did not enter into a lease contract under the name of wife H, the Defendant was unable to operate the Plaintiff as an individual circumstance to prepare for the establishment of a pharmacy in the name of his/her wife. The Defendant concluded a lease contract under the name of his/her wife, which would proceed with the procedure on the part of his/her owner.
However, in light of the fact that the victim entered into a contract for the exclusive right to the commercial building of this case with M without taking a minimum procedure to confirm the identity of Defendant wife at the time of the contract, the pharmacist's license, and the fact that the lease contract was actually entered into with the owner of the commercial building, and that M entered into a contract for the exclusive right to the commercial building of this case with M through only the prior confirmation procedure as to whether the hospital was properly entered into with the owner of the commercial building of this case, and that M is the party who entered into the contract for the commercial building of this case and the victim was the party who entered into the contract for the commercial building of this case and stated that the party entered into the contract was I later (the eight pages of investigation record), it cannot be deemed that the victim
Rather, it is important for the instant shopping mall’s exclusive right contract to designate the instant shopping mall as a pharmacy, and to impose restrictions on the same type of business that prohibits pharmacy occupants in the other stores, and whether the hospitals prescribed in the exclusive right contract may collect the premium invested by the victim clearly by making out the shopping mall in time.
The injured party shall work properly at the hospital after concluding the contract.