A. In the event a non-medical person, a natural person, establishes and operates a medical institution through a consumer life cooperative established under the Consumer Life Cooperative Act, the consumer life cooperative was punished to the extent that it should not deny its legal personality in terms of its organization and operation.

Unless recognized, even if natural persons, who are non-medical persons, lead the operation of the consumer life cooperative, they can be viewed as legitimate establishment of a medical institution. On the contrary, it cannot be viewed that non-medical persons established a medical institution.

In this case, the O consumer life cooperative (hereinafter “the cooperative of this case”) as indicated in the judgment of the court below has 623 members, and P and L had gone through the general meeting, etc. at the time of appointment as president. The defendant and P and K opened a deposit account in the name of the association of this case separate from the deposit account of the defendant, P and K, etc., and operated the fund of the hospital of this case only to the above deposit account, and the defendant also bears the responsibility to pay the funds provided by the defendant. Thus, the defendant was partly involved in the establishment and operation of the M convalescent (hereinafter “the hospital of this case”) through the association of this case.

Even if the Defendant violated the Medical Service Act as indicated in the judgment below, it cannot be deemed that the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with regard to the medical care benefits paid by the National Health Insurance Corporation through the operation of the instant hospital.

Nevertheless, the lower court rendered a guilty verdict on all the charges of this case. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The court below's decision that the sentencing is unfair is sentenced to imprisonment (excluding imprisonment).