All of the Prosecutor and the Defendants’ appeals are dismissed.

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles are not the subject of raising funds and facilities necessary for the establishment of the instant hospital, but Defendant A raised the above funds and equipment costs, and the important decision-making on the operation of the instant hospital was made by Defendant B. In light of the operation process of the instant hospital and the circumstances before and after February 2011, Defendant A cannot be deemed to have employed Defendant B, and there is no circumstance to deem that the instant hospital was operated from the time of its establishment because the main body of the instant hospital was changed or the employment body or form of the hospital employees was changed after the date of its establishment, and it is reasonable to deem that the instant hospital was operated by Defendant B. However, the lower court determined that Defendant A was the actual main body of the instant hospital’s operation and management and execution of funds for the purpose of securing claims from Defendant B. In so doing, the lower court erred by misapprehending the legal principles on mistake of facts and the establishment of non-medical personnel, and thus, found Defendant A guilty of this case’s charges.

B. Defendant B1) In relation to the misunderstanding of facts and misunderstanding of legal principles, Defendant B borrowed funds from Defendant A to establish the instant hospital, rather than Defendant A, and operated the instant hospital with the commission of the Defendant’s work to establish the instant hospital. However, the lower court found Defendant B guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the legal principles as to the act of establishing a medical institution by mistake of facts and non-medical personnel. 2) In so doing, the lower court erred by misapprehending the legal principles as to the act of establishing a medical institution by mistake of facts and non-medical personnel, and thus, is unreasonable.

(c)a prosecutor;