All of the appeals by prosecutors are dismissed.

1. Even based on the facts found by the court below, it is recognized that: (a) at the time of the establishment of the instant hospital, Defendant B did not have any financial resources; (b) at the time of establishment of the instant hospital, Defendant A was active in the establishment of the hospital by raising funds through bank loans and loans; (c) Defendant B had an interview with the majority of employees; (c) Defendant A had an interview with the majority of employees; and (d) Defendant A instructed the entrance and discharge of the patients by making inquiry into an invasion; and (d) Defendant A determined the monthly salary of KRW 5,80,00 as equal to Defendant B; and (e) Defendant A received a higher or higher monthly salary than that of the salary class.

In light of these circumstances, it is reasonable to deem that Defendant A, a non-medical person, was involved in the operation of the hospital at least in the level of Defendant B and his/her partner, and the Defendants conspired to establish the so-called “office-general hospital.”

Nevertheless, the lower court rendered a not-guilty verdict on all the charges of this case against the Defendants on the ground that Defendant A was not proven to have established and operated the instant hospital led by Defendant A. In so doing, the lower court erred by misapprehending the facts or by misapprehending the relevant legal doctrine.

2. Determination

A. The summary of the facts charged in the instant case is the president of the Dental Hospital located in Seo-gu in Gwangju (hereinafter “instant hospital”), and the Defendant A is the head of the instant hospital and the actual operator of the instant hospital.

1) No person who violates the Medical Service Act may establish a medical institution other than a doctor, herb doctor, dentist, midwife, State, local government, medical corporation, non-profit corporation, quasi-government institution, local medical center, or the Korea Veterans Welfare and Healthcare Corporation.

Defendant

A shall establish a oriental medical hospital in the name of the defendant B and the defendant A with a burden of funds opened by the defendant B, who is an oriental medical doctor who becomes aware of by chance.