The judgment of the court below is reversed.

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is the defendant A, a doctor, who has led and established a Dental Hospital in Busan-gu C (hereinafter “instant hospital”).

Defendant

B Lending the money necessary for the establishment of the hospital to Defendant A, and managing the administration, etc. of the instant hospital under employment by Defendant A, and did not establish and operate the instant hospital jointly with Defendant A.

2. Determination

A. The prosecutor of the Amendments to Bill of Indictment requested changes in the indictment in exchange for the following to the extent consistent with the original facts charged, to the extent that it is recognized as identical to the original facts charged, and as the case was changed by granting permission, the judgment of the court below cannot be maintained any more.

However, even if there are such reasons for ex officio destruction, the Defendants’ assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is based on the premise that the charges were modified as above.

(b) No individual who is not a dentist of the revised facts charged shall establish a dental hospital or dental clinic;

Nevertheless, Defendant A, a dentist, opened a dental hospital under his name and was in charge of patient treatment, and was distributed KRW 20 million from monthly income in the form of salary in return for investing funds necessary for the establishment of Defendant D D Dental Hospital, Defendant A, a non-medical person, and conspired to jointly operate the dental hospital by exercising personnel rights while taking charge of general administrative affairs of the dental hospital.

The Defendants established and operated the “D dental hospital” located in Busan-gu Seoul Metropolitan Government (hereinafter referred to as the “D dental hospital”) from March 5, 2016 to July 5, 2016 pursuant to the foregoing business agreement.

C. The lower court’s judgment.