A. Since the Defendant is a person eligible for intention of mistake or misunderstanding of legal principles, the lower court, which applied Articles 87(1)2 and 33(2) of the Medical Service Act, which is a provision punishing a non-medical person, where a non-medical person establishes a medical institution, erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter referred to as a fine of KRW 10 million) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misapprehension of the legal principles 1) If a medical person conspired to establish and process a medical institution by a person other than a medical person or a medical corporation, it constitutes a co-principal offense of violating Articles 87(1) and 2, and 33(2) of the Medical Service Act (see, e.g., Supreme Court Decisions 2001Do2015, Nov. 30, 2001; 2004Do7080, Jan. 14, 2005). In full view of the following facts recognized by the evidence duly adopted and investigated by the court below, it is recognized that the defendant recruited and processed the establishment of a medical institution by a non-medical person A, and thus, the court below is just in finding guilty of the facts charged in this case, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant

This part of the defendant's assertion is without merit.

From November 2006, the Defendant started to work at the “I Hospital” actually operated by A, a non-medical person, (hereinafter “instant hospital”).

around December 2007, the defendant agreed to the name of the defendant to establish the hospital of this case as a proposal of A.

A filed an application for permission to establish and change a medical institution with the name of the defendant and one other.

Accordingly, the Defendant was registered as the founder of the instant hospital from December 13, 2007 to November 30, 2009.