The allegation in the grounds of appeal is that the Defendant borrowed KRW 120 million from A, and even though Article 23-2(1) of the Medical Service Act does not receive unfair economic benefits prohibited under Article 23-2(1) of the same Act, the lower court found the Defendant guilty by failing to exhaust all necessary deliberations and by finding erroneous facts in violation of the rules of evidence. In addition, the lower court erred by misapprehending the legal doctrine on necessary additional collection as provided in Article 88-2 of the Medical Service Act, thereby ordering the additional collection of KRW 120 million, and thus, the lower court’

However, the fact finding and the selection and evaluation of evidence that are based on such fact finding belong to the exclusive authority of the fact-finding court unless they exceed the bounds of the principle of free evaluation of evidence. Thus, even if the reasoning of the judgment below is examined in light of the records, it cannot be found that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no error of law in the judgment of the court below that recognized the violation of the Medical Service Act and

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.