Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

A 461,471,210 won.

A. Fact-misunderstanding or misunderstanding of legal principles [the violation of the Medical Service Act due to the establishment of non-medical care institutions by Defendant A, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter "the Act on the Aggravated Punishment, etc. of Specific Economic Crimes"), and the part on Defendant B] Council members were established and operated independently by Defendant B, and the Defendants did not establish and operate the same business. Even if the Defendants were to establish and operate a Council member under the agreement on the same business, even if the Defendants were to establish and operate a Council member on the part of Defendant B, as stated in the facts charged in the instant case, the Defendants conspired to commit a violation of Article 87 (1) 2 and Article 33 (2) of the Medical Service Act and acquired medical care benefits from the victim and the National Health Insurance Corporation.

However, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. Each sentence of the lower court (Defendant A: Imprisonment with prison labor for 3 years and 6 months, and Defendant B: imprisonment with prison labor for 1 year and 6 months) against the illegal Defendants is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. Of the facts charged in the instant case, a medical institution may not be established unless a medical person, such as a violation of the Medical Service Act due to the establishment of a medical institution by a non-medical person who is not a medical person for Defendant A, a violation of the Act on the Specific Economic Crimes (Fraud) and a summary of the part as to Defendant B, etc.

Nevertheless, the Defendants conspired to operate the hospital with the content that Defendant B is in charge of patient treatment as the president, and Defendant A is in charge of administrative affairs related to the operation of the hospital, such as patient attraction, hospital import and expenditure management, and is to operate the hospital at the rate of 5:5. From November 20, 2003 to August 21, 2014, the Defendants conspired to operate the hospital and to operate the hospital at the rate of 5:5. < Amended by Presidential Decree No. 18110, Aug. 22, 2014>