The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the misapprehension of the legal principle, the Defendant, through F, performed a non-benefit treatment that is irrelevant to national health insurance or medical benefits, and the patients selected a hospital after directly comparing various hospitals in F, E running F cannot be deemed to have induced a patient to a specific hospital. The employees of the Defendant or the Defendant’s hospital provided counseling, telephone, and face-to-face counseling with the patient via the F website. As a result, the Defendant and the employees of the Defendant and the Defendant’s hospital did not perform indisdiscreet treatment, and the Defendant did not conduct excessive price competition with other hospitals, and the Defendant did not maintain an adequate price, merely an advertisement contract entered into with E is merely an advertisement contract. Thus, the Defendant cannot be deemed to have concluded with E, and thus, the Defendant cannot be deemed to have provided “the act of introducing, arranging, and inducing the patient or the medical person for profit-making purposes” as prescribed by Article 27(3) of the former Medical Service Act (amended by Act No. 1438, Dec. 20, 2016).

Therefore, the lower court erred by misapprehending the legal doctrine that the Defendant committed a violation of Article 27(3) of the former Medical Service Act, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (7 million won of fine) is too unreasonable.

2. Judgment on misapprehension of legal principles

A. No person shall introduce, arrange, or induce a patient to a medical institution or a medical person for profit (main sentence of Article 27(3) of the former Medical Service Act). “Referral and good offices” in this context refer to the act of mediating or facilitating the formation of a contract for medical treatment delegation between a patient and a specific medical institution or a specific medical person, and “inducing” refers to the act of inducing a patient to enter into a contract for medical treatment delegation with a specific medical institution or a specific medical person by deception or harsh means.