The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 30 million.

The defendant above.

2. The act of establishing and operating a medical institution by a person, other than a judgment doctor, etc., may disturb sound medical order and cause risks to national health, and there is a risk of undermining the financial soundness of the National Health Insurance Corporation that operates the national health insurance system with the financial foundation of the national health insurance fees paid by the people, and the medical care benefit cost obtained by the victim from the National Health Insurance Corporation is a large amount, and the economic benefits acquired by the crime of

However, the fact that the Defendant recognized the instant crime in the course of the trial and reflects the mistake thereof, and that there are some circumstances to consider the motive or circumstance leading to the instant crime by establishing and operating the instant hospital, etc., which are favorable to the Defendant.

In full view of these circumstances and the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the court below's punishment is somewhat inappropriate.

Therefore, the defendant's above assertion is justified.

3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed and the defendant's appeal is judged as follows.

[Reasons for the judgment to be used again for the defendant] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(1)2 of the former Medical Service Act (amended by Act No. 16375, Apr. 23, 2019) and Article 33(2) of the same Act regarding criminal facts.