2. The defendants did not pay each of the above fines. 100,000 won.

Defendant

A is a dentist who served as the representative director of the D Dental Hospital in Busan-gu (hereinafter “instant hospital”), and Defendant B is a person who served as the head of the headquarters at the instant hospital.

An individual, other than a dental doctor, shall not establish a dental hospital or dental clinic.

Nevertheless, the Defendants conspired to distribute half of the proceeds to the extent to which they were distributed, and established and operated the instant hospital as a business partnership between March 5, 2016 and July 5, 2016.

Summary of Evidence

1. Part of the Defendants’ legal statements

2. Each legal statement of witness E;

3. Part of each prosecutor's office and each police interrogation protocol against the Defendants

4. Statement of the police statement to E (including the F's statement).

5. 112 Reporting case handling table.

6. Details of each financial transaction;

7. Application of Acts and subordinate statutes to report internal investigation by the police (referring to witness E and F oral statements);

1. Article 87 (1) 2 and Article 33 (2) of the Medical Service Act, Article 30 of the Criminal Act, the applicable Act, and Article 87 (1) 2 of the same Act, and Article 30 of the same Act, respectively, on criminal facts;

2. Determination as to the Defendants and defense counsel’ assertion of Articles 70(1) and 69(2) of the Criminal Act, each of which is confined in a workhouse;

1. Defendant B did not have established and operated the instant hospital jointly with Defendant A.

2. Determination

A. Articles 33(2) and 87(1)2 of the Medical Service Act prohibit a person, who is not qualified to establish a medical institution, from establishing a medical institution by limiting his/her qualification to a doctor, dentist, etc., and imposes criminal punishment on such person in violation.

This is to establish a sound order of medical service and prevent risks to national health that may occur in the event of the establishment of medical institutions for profit-making purposes by strictly restricting the medical personnel or persons of public character who have expertise in the qualification for the establishment of medical institutions.

It is necessary for an ordinary person who is not qualified as a medical personnel (hereinafter referred to as "non-medical person").