Part concerning Defendant B and C shall be reversed.

Defendant

B In fines of 6,00,000, Defendant C.

A. As to the violation of the Medical Service Act due to the establishment of a medical institution by a person who is not a medical personnel misunderstanding the legal principles, Defendant A did not establish a hospital through a hospital management support company in the form of Defendant B and C, which is an intention to enter the hospital’s business, and did not establish a hospital by employing a doctor who is not qualified as a medical personnel. However, the judgment below convicting the Defendant of this part of the charges is erroneous in the misapprehension of legal principles as to the establishment of a medical institution by

2) Regarding the fact-misunderstanding and violation of the Medical Service Act due to misunderstanding of legal principles, Defendant A did not perform a medical act against the patient L, and only delivered the contents after consultation with L with L, to Defendant C, who is a doctor, cannot be deemed to constitute a non-licensed medical act. However, the court below found the Defendant guilty of this part of the facts charged, and erred by misapprehending the legal principles as to non-licensed medical act.

3) The punishment sentenced by the lower court to Defendant A (one hundred months of imprisonment) is too unreasonable.

B. Defendant B and C (unfair sentencing)’s sentence sentenced by the lower court to Defendant B and C (a fine of eight million won is imposed on Defendant B and Defendant C; a fine of six million won is imposed on Defendant C; and a suspended sentence of two years is too unreasonable.

2. Determination

A. Determination on Defendant A’s grounds for appeal 1) Determination on the misapprehension of the legal doctrine on the violation of the Medical Service Act due to the establishment of a medical institution by a person who is not a medical personnel, the main text of Article 33(2) of the Medical Service Act is limited to the persons who can establish a medical institution. The purport of the above provision is to prevent the establishment of a medical institution by strictly restricting the qualification for the establishment of a medical institution by medical personnel with medical expertise, or by corporations, institutions, etc. with public character.