Defendant shall be punished by a fine of KRW 8,000,000.

The above fine shall not be paid by the defendant.

A. In other words, the Defendant did not establish a medical institution, but leased the facilities necessary to establish a G Hospital, lent the funds, and did not participate in the management.

Nevertheless, the judgment of the court below which judged the defendant as the actual manager of G Hospital is erroneous in mistake of facts.

B. The Defendant, as a founder of a G Hospital, has not registered a business registration or any other administrative agency.

Nevertheless, there is an error of misunderstanding legal principles in the court below's decision that the defendant was the founder of G Hospital.

C. The lower court’s sentence of unreasonable sentencing (fine 12,00,000) is too excessive and unreasonable.

2. Determination

A. Prior to the amendment of the former Medical Service Act No. 8203, Jan. 3, 2007, as to the assertion of mistake of facts

I. The Medical Service Act (hereinafter “Medical Service Act”)

(2) Articles 87(1)2 and 33(2) of the former Medical Service Act (amended by Act No. 9386, Jan. 30, 2009), which are the statutes applicable to the facts constituting the instant crime, are the same contents as those of Articles 30(2) and 66 subparag. 3. 2 of the same Act. Inasmuch as the establishment of a medical institution prohibited by the foregoing means that a non-medical person takes the lead in the recruitment and management of facilities and human resources, the establishment report, the implementation of medical business, the raising of necessary funds, the reversion of the operational performance, etc. of the relevant medical institution. Therefore, an act of a non-medical person who employs a qualified medical person by investing necessary funds in the general public without a qualification, and reports the establishment of a medical institution in the name of a medical institution, is deemed to be a case where a non-medical person establishes a medical institution, and the establishment of a medical institution is deemed to be a case where a non-medical person was established under the name of a medical person or a medical person directly providing medical services (see, e.