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The judgment of the court below is reversed.
Defendants shall be punished by a fine of three million won.
Defendant
A and B shall be subject to the above fine.
Reasons
1. In light of the fact that the number of patients detained by the Defendants during the period specified in the facts charged in the grounds of appeal is only four, and that dial-a-a-a-law operations are non-benefit items, there is no concept of normal price, and that the Defendants’ act cannot be seen as “inducing, etc.” under Article 27(3) of the Medical Service Act, and thus, the judgment of the court below which recognized such act is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2. Determination
A. Before the grounds of appeal for ex officio determination, the prosecutor applied for changes in indictment with the contents of Paragraph 1 of the facts charged as stated in the following criminal facts at the trial court, and since this court permitted this, the judgment of the court below is no longer maintained.
The Defendants’ assertion of misapprehension of the legal principles is still subject to the judgment of this court, despite the grounds for the above ex officio reversal.
B. "Referral and good offices" under Article 25 (3) of the former Medical Service Act (applicable to Article 27 (3) of the current Medical Service Act) to determine the Defendants' assertion of misapprehension of the legal principles refers to the act of inducing patients to enter into a contract for medical treatment delegation between a patient and a specific medical institution or a specific medical person, and "inducing" refers to the act of inducing patients to enter into a contract for medical treatment delegation with a specific medical institution or a specific medical person by deceiving or treating them, and "inducing patients" refers to the act of inducing other persons to enter into a contract for medical treatment entrustment with a specific medical institution or a specific medical person, and "inducing patients" refers to the act of inducing other persons to introduce, mediate, or induce a specific medical institution or a specific medical person for profit (see, e.g., Supreme Court Decision 97Do1126, May 29,