A. Defendant B (misunderstanding of facts) (1) The person who led the establishment and operation of the J convalescent, such as the recruitment and management of the facilities and human resources, the report on establishment, the implementation of medical services, the raising of funds, and the reversion of the performance of the operation thereof, etc., is not Defendant A but Defendant A. Since non-medical personnel cannot be deemed to establish and operate a medical institution, the Defendant did not violate Article 33(2) of the Medical Service Act, and therefore, did not acquire the expenses for medical care benefits.

2) The Defendant merely invested money in a Mvalescent and agreed to establish and operate the said hospital, such as A, or did not participate in the process of establishing and operating the said hospital. Therefore, the Defendant did not commit any violation of the Medical Service Act and any fraud with respect to the said hospital.

B. Defendant C (unfair sentencing)’s punishment sentenced by the lower court (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

2. Determination

A. As to Defendant B’s assertion, the Defendant argued to the effect that this part of the claim is identical to that of this part in the judgment of the court below, and the court below acknowledged that Defendant A, a non-medical person, was involved in the joint operation of the J convalescent with the Defendant, who is a medical person, in depth in the establishment report, the implementation of medical services, the management of facilities and human resources, the collection of necessary funds, and the reversion of the performance of the operation.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s determination is justifiable.

(1) The defendant was in charge of medical treatment and employment of doctors and nurses in the J convalescent hospital A, and himself/herself was in charge of the recruitment and administrative affairs of general employees and the presentation of ideas concerning the operation of the hospital.

was stated.

(2) The defendant also has been in charge of administrative affairs, external affairs, etc. of the J convalescent hospital by prosecutors, and is related to the employment of employees, monthly salary for employees, and hospitals.