The judgment below

The part against the Defendants is reversed.

Defendant

A 4 years of imprisonment, and No. 1-2 of the Decision of Defendant B.

1. Summary of grounds for appeal;

A. Defendant A- The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

B. Defendant B-misunderstanding of facts or misapprehension of legal principles, misunderstanding of facts, and misunderstanding of legal principles) Defendant B’s employees, not both Defendant A and Defendant C (hereinafter “C”) of the lower court’s joint Defendant C (hereinafter “C”) and their partners, who are employed by Defendant A and C, performed duties related to the establishment and operation of the instant association and the hospital according to the direction of Defendant A and C.

Although Defendant B’s act constitutes aiding and abetting each of the instant crimes, the lower court, which recognized the establishment of a joint principal offender, erred by misapprehending the facts or by misapprehending the legal doctrine.

B) After September 2, 2015, Defendant B was dismissed from the instant hospital, the lower court, which also recognized Defendant B’s liability as a joint principal offender, even though the joint principal offender or assistant offender for each of the instant crimes was not constituted, erred by misapprehending the legal doctrine or misapprehending the legal doctrine.

2) The punishment sentenced by the lower court (six months of imprisonment with prison labor for each of the crimes of No. 1, and three years of imprisonment with prison labor for each of the crimes of No. 2, as indicated in its holding) is too unreasonable.

2. Determination

A. As to Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, Defendant B also asserted that the lower court’s judgment also asserted the same content as the grounds for appeal in this part.

Based on the evidence of the judgment below, the court below discussed the following facts: (a) Defendant A et al. at the time of seeking the establishment of the instant hospital and around A et al. in 2012; (b) Defendant B confirmed the establishment procedures in the process of establishing the O consumer life cooperative (hereinafter “the instant cooperative”) and Q convalescent hospital (hereinafter “the instant hospital”); and (c) arranged and prepared documents necessary for the authorization and registration process of the instant association; and (d) the promoters meeting and the inaugural general meeting of the instant association.