All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. Defendant B (1) A, a person who actually establishes and operates the instant hospital by mistake of facts and misapprehension of legal principles, is not not a medical practitioner, but a defendant with the qualification of an oriental medical doctor, and thus, the Defendant does not constitute a violation of the Medical Service Act. The instant hospital is not a hospital established and operated by A, and thus does not constitute fraud committed by the National Health Insurance Corporation as a victim. (2) Punishment sentenced by the lower court of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, two years of fine, and twenty million won) is too unreasonable.

2. Determination

A. The lower court’s determination on Defendant B’s assertion of mistake of facts and misapprehension of legal doctrine is in violation of the Medical Service Act (1). The lower court, as indicated in its reasoning, states the legal doctrine on the elements of a crime of violation of the Medical Service Act, and subsequently, (1) the subject of acquiring the ownership of the building of the instant hospital and the method of financing the Fund: Provided, That the lower judgment’s judgment on October 27, 201 is erroneous in the misunderstanding of legal doctrine as of October 27, 2010;

② The instruments leading up to the operation of the instant hospital; the subject of the conclusion of the instant hospital operation contract and the payment of construction cost for the interior interior of the building; ③ A introduced the Defendant; ④ The Defendant’s statement was difficult to believe that the Defendant leased the instant hospital to F on December 9, 201, and the Defendant’s statement was difficult to regard as part of the lease deposit money; ⑤ The F in receipt of A’s instructions as part of the instant hospital operation account under the name of the Defendant and managed cash and earnings from the operation of the instant hospital; and A and F used operating revenues from the instant hospital’s operation account for personal purposes; and the subject and method of managing the instant hospital’s operation funds by borrowing funds and bearing losses incurred from the operation of the instant hospital; and ⑤ the aggravation of the management of the instant hospital.