A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to the part on paragraphs 1 and 2 of the facts charged), L Hospital founder was not a defendant but a medical corporation. In fact, the board of directors of the medical corporation decided important matters.

The defendant, the chief director of the medical corporation, the defendant, the administrative director AJ (the defendant's children)'s benefits, employment of employees, etc. are not subject to resolution by the board of directors.

The employment of the defendant's family members as hospital staff is not in violation of the relevant laws and regulations, and they actually provided labor to the hospital.

Defendant

There was no actual profit distribution according to the share agreement prepared by the partnership company, and it was judged that it was only a document prepared in the related civil procedure.

It cannot be deemed that the establishment of a medical institution itself was erroneous on the ground of some inappropriate funds execution, etc. in the course of operating the medical institution.

Considering such circumstances, it cannot be deemed that the non-medical defendant constituted a case where the non-medical defendant establishes a medical institution.

Nevertheless, the judgment of the court below which found the defendant guilty of each part of the charges that the non-medical defendant established a medical institution, concealed this fact, and acquired medical care benefits costs by fraud from the National Health Insurance Corporation is erroneous in the misunderstanding of facts and legal principles.

2) The punishment sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) An act of establishing a medical institution prohibited under Article 33(2) of the Medical Service Act belongs to the establishment management of the medical institution by a non-medical person who is unable to establish a medical institution, the recruitment of facilities and human resources of the medical institution, the report on establishment of the medical institution, the implementation of the medical business, the raising