The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment with prison labor of one year and four months and by a fine of three million won.

1. Summary of grounds for appeal;

A. The Defendant did not have a profit-making purpose.

The defendant is only an inevitable part of the defendant's participation at the J's request, and it cannot be said that there was a profit-making purpose in relation to the operation cost of 392,946,950 won acquired by J.

Therefore, the Medical Service Act should apply to the defendant, not the Act on Special Measures for the Control of Public Health Crimes.

B. The lower court’s sentence of unreasonable sentencing (one year and four months of imprisonment, fine of three million won, confiscation) is too unreasonable.

2. Determination

A. If an intention to determine the misapprehension of the legal principle in collusion with a non-medical person for the purpose of profit-making, such act constitutes Article 5 of the Act on Special Measures for the Control of Public Health Crimes. Furthermore, profit-making purpose under the above provision refers to the purpose of widely obtaining economic benefits, and the person who conducts non-licensed medical practice must not necessarily be identical with the person to whom the economic benefits accrue or the person to whom

(See Supreme Court Decision 2003Do2903 Decided September 5, 2003, etc.). Accordingly, in this case, the Defendant, a fertilizer dealer, in collusion with the president of the I Hospital that he delivers the medical device (hereinafter “instant hospital”) and carried out an operation, such as in-house and knee knee knee kne se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se se

Therefore, this part of the defendant's argument is without merit.

B. The Defendant, in collusion with the J, has a high level of difficulty and actively participated in a high risk of danger, such as high level of difficulty, knenee-feng-feel-feel-feeling, and 61 million won on the hospital side.