변호사법위반등
All appeals by the Defendants are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (unfair sentencing) is too unreasonable. The punishment sentenced by the court below to Defendant A (the penalty amounting to KRW 10 million, the additional collection of KRW 1 million) is too unreasonable.
B. As to Defendant B(1) and misunderstanding of the legal principles, Defendant B’s collection from Defendant B is unreasonable since it only delivered to L the entire amount of KRW 2.5 million which was dryed from I, and it did not acquire KRW 500,000.
② In relation to the violation of the Medical Service Act, Defendant B did not have an awareness of illegality since attracting foreign patients from P was not illegal, and there was a justifiable reason to believe that the crime was not committed because P had shown Defendant B the business registration certificate and the right to permission for the business attracting foreign patients.
(2) The punishment sentenced by the lower court to Defendant B (the penalty amounting to KRW 10 million and the penalty amount to KRW 500,000) is too unreasonable.
2. Determination
A. In full view of the following factors: (a) the frequency of each of the instant offenses; (b) the period of each of the instant offenses; (c) the amount of profit acquired by the said Defendant; and (d) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the offense; and (c) the various sentencing conditions specified in the pleadings of the instant case, such as the circumstances after the commission of the offense, are considered as inappropriate even if the said Defendant’s assertion was considered as grounds for appeal.
B. Determination 1 on Defendant B’s assertion of misunderstanding of facts and misapprehension of legal principles ① The above Defendant asserted that the above part of the appeal was identical to the grounds for appeal, and the lower court rejected this decision in its reasoning. Examining the judgment of the lower court in comparison with the records, the lower court’s judgment is just and acceptable.