Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

A. In fact-finding, the Defendant merely lent the name of F Councilor (hereinafter “instant hospital”) to F Councilor (hereinafter “instant hospital”), and there is no obligation to pay wages.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, the lower court acknowledged that the Defendant was a business owner in relation to his employees, including O who had been a dentist and did not perform the duty to pay wages equivalent to the amount stated in the facts constituting the crime, since June 201, when exercising the right to manage the instant hospital.

① The Defendant visited the instant hospital at least 1-2 times a month to examine the current status of operation of the hospital.

(2) After completing registration of business under the name of the Defendant, the Defendant: (a) while operating dental services in the form of P and the type of dental services, which is a dentist, from April 201 to June 15, 2011, agreed that the actual management of the dental services shall be entrusted to P; (b) on June 13, 201, the Defendant entrusted matters concerning the management to G and operated the instant hospital to F’s members under the status of delegation of matters concerning management and exclusion of P, and on August 8, 2011, the Defendant terminated the delegation of delegation to G.

(3) As of June 16, 201, the Defendant closed the existing “Ttop” as of June 16, 201, and reported the establishment of a new medical institution on June 23, 2011 with the trade name of “F Council member,” and opened and operated a different business from the time when P was operated.

(4) The Defendant shall operate the instant hospital after June 201, G. < Amended by Act No. 162-169, Jun. 2, 2011>