The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (definite or misunderstanding of legal principles) is that the Defendant, in the process of preparing for a medical life cooperative with D, independently opened the E-do Council member (hereinafter “Korea-Japan Council member”).

In other words, KRW 7 million received from D is not a monthly wage but a loan, and a building and a Han-won's facility are transferred without compensation from D, and the nurse and staff are provided by D, and the nurse and staff of this case are established by themselves.

Nevertheless, the court below found the Defendant guilty of the facts charged in this case by misunderstanding the facts or misunderstanding the legal principles.

2. Determination

A. Articles 33(2) and 87(1)2 of the Medical Service Act prohibit a person, who is not qualified to establish a medical institution, from establishing a medical institution by limiting the qualification of a medical institution founder to a medical doctor, an oriental medical doctor, etc., and imposes criminal punishment on such person. This is to prevent in advance the risk of national health that may occur in the event of establishing a medical institution for the purpose of establishing sound medical order and profit-making by strictly limiting the qualification of a medical institution establishment to medical personnel with expertise or a person with public character.

(see Supreme Court Decision 2014Do11843, Jul. 9, 2015). Establishment of a medical institution prohibited by the foregoing provision means that a non-medical person handles facilities and human resources of the medical institution from a leading point of view, such as (i) the recruitment and management of human resources, (ii) the establishment report, (iii) the implementation of medical services, (iv) the raising of necessary funds,

Therefore, the act of making a report on the establishment of a medical institution under the name of a qualified medical person by investing necessary funds by the general public who is not qualified as a medical person is the most formally only when it is established as a legitimate medical institution, and the report on establishment is made by a person who is not a medical person.