A and B shall be punished by imprisonment with prison labor for ten months, and by imprisonment with prison labor for one year.

However, as to the defendant A and B,

1. Defendant A and B’s criminal act of conspiracy is a person who is in charge of the president’s position at the Gangnam-gu Seoul Metropolitan Government L and the 3th floor M medical consumer life cooperative (hereinafter “M medical life cooperative”) and substantially operates the Nental clinic at the same place. Defendant B is a person who actually operates the Nental clinic at the Seoul Yeongdeungpo-gu O and the 2nd floor from February 2015 under the name of the doctor P.

A. No person who violates the Medical Service Act may establish a medical institution other than a doctor, dentist, herb doctor, assistance in child delivery, the State, a local government, a medical corporation, a nonprofit corporation or a quasi-government institution (hereinafter “doctor, etc.”) under the Civil Act.

Defendant

A, while having found the method of establishing and operating a medical institution in spite of being an unqualified person, was known to the general public.

With the knowledge that Q established and operated a mutual medical institution, a member of the R&D, as the representative of the actual association, after establishing the M&D formally, Q was operating “N dental clinic” on the Seoul Northern-gu L and the third floor from September 25, 2014 under the name of the M&D, on condition that Q bears the 1/2 volume of expenses for establishing medical institutions equivalent to KRW 94,200,000 and personnel expenses for employees (an amount equivalent to KRW 2,500,000 per month). From around December 2015, Q was practically operating the M&D after being transferred from Q to Q’s M&D.

On October 2, 2015, the Defendants agreed to set up a medical institution in the Yeongdeungpo-gu Seoul Metropolitan GovernmentO, and the second floor N dental clinic under the name of Defendant B lending the name of M medical life consultation from Defendant A in the name of medical life cooperation, and as a result, Defendant B agreed to pay Defendant A a lump sum of KRW 30 million and KRW 4.2 million per month.

Accordingly, Defendant B and A conspired to establish a medical institution as a person who is not a doctor, etc.

Defendant

B Pursuant to the above public offering on October 5, 2015, around October 5, 2015, Defendant A paid a lump sum of KRW 20 million to Defendant A, and paid KRW 3 million every month thereafter. < Amended by Presidential Decree No. 27305, Jan. 19, 2016>