The judgment below

The part against the defendant shall be reversed.

Defendant shall be sentenced to imprisonment of 2 years and 6 months and fine of 5,00,000.

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) As to the violation of the Act on Special Measures for the Control of Public Health Crimes in the judgment of the court below, the defendant did not have the purpose of profit-making at the time of the instant case, the judgment below convicting the defendant of this part of the facts charged is erroneous in the misapprehension of facts which affected the conclusion of the judgment. 2) Since there is no causation between the medical act of the defendant in this case and the injury of the victim I as to the injury caused by occupational negligence in the judgment of the court below

B. The lower court’s imprisonment with labor for three years and fine of five million won on the Defendant’s ground that the sentence is too unreasonable.

2. Determination

A. 1) Determination of mistake of facts is based on the evidence duly adopted and investigated by the court below regarding the violation of the Act on Special Measures for the Control of Public Health Crimes (Unlawful Medical Service Providers). In other words, M, who is a son of P, made a statement at an investigative agency to the effect that “B would hear the statement to make a prior payment from B and transfer the said money to B’s account, but it would not have the effect of receiving the said money again to its own account” (Evidence No. 433 to 434 of the evidence record). He made a statement at the investigative agency to the effect that “the defendant requested KRW 5 million and paid KRW 5 million to the defendant” (Evidence No. 443 of the evidence record) and “I would have received KRW 20 million from the defendant and B,” and it appears that “The above case No. 273 of the Chinese patient’s statement was made in cash instead of cash treatment.”