All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A as the owner of a building, only leased part of the first floor of the building to the Korean Medical Doctor E and D, and there is no room to establish or operate the AE Institute, nor did he employ E and D, and there is no way to do so with regard to the claim for medical care benefit costs to the National Health Insurance Corporation.

Nevertheless, the court below found the defendant guilty on the violation of the Medical Service Act and the fraud by misunderstanding of facts or misunderstanding of legal principles.

B. Even if Defendant D (the assertion of mistake of facts or misapprehension of legal principles as to fraud) established by the instant member is not a medical person but a lawful establishment of each of the instant members, since the establishment of a medical institution is completed and as long as it is designated as a medical care institution, the designated disposition is maintained unless it is revoked. Therefore, it shall be deemed that Defendant D is a medical institution duly established under the Medical Service Act, and it shall not be deemed that Defendant D claims for medical care benefit costs to the National Health Insurance Corporation, and there is no intention to

In addition, since the medical treatment of the defendant, an oriental medical doctor, regardless of the legitimacy of the establishment of a medical institution, is legitimate, it cannot be said that there was any property damage to the National Health Insurance Corporation, and the defendant did not have any property

Nevertheless, the lower court found the Defendant guilty on each of the facts charged in the instant case by misapprehending the legal doctrine or by misapprehending the legal doctrine.

2. Determination

A. Articles 33(2) and 87(1)2 of the Medical Service Act prohibit a person, who is not qualified to establish a medical institution, from establishing a medical institution by limiting the qualification of a medical institution founder to a doctor, an oriental medical doctor, etc., and imposes criminal punishment on such person. This is a medical person or a public official with expertise in the qualification to establish a medical institution.