The prosecutor's appeal is dismissed.

1. According to the evidence submitted by the prosecutor, the defendant can be found to have committed an act of attracting foreign patients without registering attracting foreign patients.

Nevertheless, the judgment of the court below which judged that the facts charged in this case constitute a case where there is no proof of crime is erroneous in the misapprehension of legal principles.

2. Article 27(3) of the Medical Service Act prohibits anyone from introducing or arranging patients to medical institutions or medical persons for profit-making purposes.

The purpose of this is to prevent unreasonable excessive competition between the medical institutions and to correct the order of the medical market by preventing the occurrence of corruption such as receiving money and valuables on the attraction of patients.

In this regard, when the importance of the medical service industry is gradually increased as the next-generation growth power industry, and the demand for international fostering of the medical service industry is constantly inside and outside of the medical community, the government revised the Medical Service Act on May 2009 to promote the international development of the medical service industry, and prepared a legal basis for attracting foreign patients by introducing a provision that exceptionally allows foreign patients to be registered in the Ministry of Health and Welfare in cases where the introduction and intermediation of for-profit patients for the purpose of the previous prohibition is limited to foreign patients upon meeting certain requirements.

As a result, the attraction rate of foreign patients increased by average 36% per annum, attracting more than 630,000 foreign patients based on the statistics in 2013, and in particular, the attraction rate of sexual patients in beauty art has increased by average 53% per annum due to the Han ambast.

However, as a result of the government's recent confirmation, the rate of attracting patients through the registered company with the Gangnam-gu sex department is more than 15%, and 85% is illegal without registration.