The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant was only elected as the president of the instant association without knowing that there was a defect in the procedures for the establishment of the B association (hereinafter “instant association”), and the Defendant did not have any intent to commit each of the instant crimes against the Defendant.

B. In the name of the association of this case formally, the defendant without reason was guilty of violating the Medical Service Act against the defendant without a considerable reason. Thus, the judgment of the court below is erroneous in the incomplete reasoning.

C. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and community service order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of the legal principles, the Medical Service Act strictly limits the qualification for the establishment of a medical institution to medical personnel, or to corporations, institutions, etc. with expertise in medical treatment, and prohibiting other persons from establishing a medical institution is to ensure the proper operation of medical care and to protect and promote national health.

Therefore, it is reasonable to deem that the act of opening and reporting 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 personnel is the most lawful establishment of a medical institution only formally, but actually violates the Medical Service Act, and the report on opening was made in the name of a medical person.

or a medical person who is a title holder of the establishment report directly provides medical services.

shall not be reason to deem otherwise.

In addition, this legal principle is an association established under the Consumer Cooperatives Act which explicitly permits medical business.