The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Summary of Reasons for appeal

A. Of the facts charged in the instant case, the Defendant posted a letter to the person who introduced the patient at the time of the introduction and intermediation of patients for profit, but the said letter was published with the intention to provide the patient with the medical treatment for the first time.

Therefore, the judgment of the court below that the above gift constitutes "gold gift" under Article 27 (3) of the Medical Service Act is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Of the facts charged in the instant case, the Defendant advertised that the Defendant was “the first dental hospital in Echeon-si” or “the dental general hospital.”

However, the Defendant did not recognize that the Defendant’s hospital was not the first dental hospital in Leecheon-si at the time of advertising, and thus did not have an intention to make a false advertisement.

In addition, the advertisement phrase of the Dental General Hospital also used the draft written by the defendant's employee as it is, so there was no intention of false or exaggerated advertisement.

Therefore, the judgment of the court below is erroneous by misapprehending the legal principles.

2. Determination on the introduction of patients for profit-making purposes and the revocation of good offices

(a) The main sentence of Article 27 (3) of the Medical Service Act shall be prohibited from introducing, arranging, or inducing patients to medical institutions or medical persons for profit, such as exempting or discounting the individual's share under the National Health Insurance Act or the Medical Care Benefits Act, providing money, goods, etc., or providing transportation convenience to many and unspecified persons, and from soliciting patients to such acts;

"........"

B. Comprehensively taking account of the following circumstances revealed by the evidence duly adopted and examined by the court below, the above notice’s “futures” constitutes “gold goods, etc.” under the main sentence of Article 27(3) of the Medical Service Act, and thus, the Defendant’s assertion of misapprehension of the legal principles is without merit.

(1) The whole process of posting the same article as that of the facts charged by the defendant and the overall text of posting.