The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are cooperatives duly authorized by the Consumer Cooperatives Act (hereinafter “Consumer Cooperatives Act”), a special law, which are the representative director, and if there is an error in the process of establishment or operation, it should be regulated by relevant Acts and subordinate statutes, such as the Consumer Cooperatives Act, and the act of establishing a medical institution by the Consumer Cooperatives is under Article 33(2)4 of the Medical Service Act, and the defendant participated in the establishment of the above association for the purpose of improving the members’ lives as consumers and promoting their welfare, and thus, the court below found the defendant guilty of the violation of the Medical Service Act, notwithstanding the fact-finding and misunderstanding of legal principles.

B. Even if the defendant's conviction is recognized, the punishment of eight months of imprisonment imposed by the court below is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts and misapprehension of legal principles 1) Relevant statutory penal provisions shall be strictly interpreted and applied in accordance with the language and text, and shall not be excessively expanded or analogically interpreted in the direction unfavorable to the defendant. However, in the interpretation of penal provisions, the teleological interpretation in consideration of the legislative intent, purpose, legislative history, etc. of the law shall not be excluded unless it goes beyond the ordinary meaning of the text of the law (see, e.g., Supreme Court Decision 2005Do6525, May 12, 2006). Article 33(2) of the Medical Service Act refers to a person who is not a doctor, etc. (hereinafter

corporation may not establish a medical institution.

In light of the fact that the Medical Service Act aims to ensure the appropriateness of medical care and to protect and improve the health of the people, the legislative purport of the above prohibition provision is strict as a medical person with medical expertise or a person with a public character.