All appeals are dismissed.

The grounds of appeal are examined.

Whether an act of establishing a medical institution by mutual agreement with an ordinary person who is unable to establish a medical institution (hereinafter “non-medical person”) constitutes an act of establishing a non-medical person prohibited under the Medical Service Act should be determined by comprehensively taking into account the content and form of the business relationship, the degree of actual participation in the establishment of a medical institution, the types of operation of a medical institution, etc. (see Supreme Court Decision 2017Do378, Apr. 7, 2017). Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted and the record, it is justifiable for the lower court to have acquitted the Defendants on the charges of violating the Medical Service Act and fraud against the Defendants on the grounds of the circumstances stated in its reasoning. In so doing, it did not err by exceeding the bounds of free conviction due to logical and empirical rules, or by misapprehending the legal doctrine on the act of establishing a non-medical person.

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