The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Based on the amendment of the Medical Service Act on January 30, 2009, the Defendant: (a) discovered that only a hospital-level medical institution designated by the president of the Ministry of Health and Welfare as a specialized hospital can use the name “specialized hospital”; and (b) ordered H affiliated with the planning office to delete the name “specialized hospital” from the name of “specialized hospital”.

Although H had given the same instruction to K entrusted with the management of the Hdo website, K was deleted only by the “specialized hospital” described in the title, and the “specialized hospital” described in the main text was not deleted.

Therefore, the Defendant did not have any criminal intent to place an advertisement using the name “specialized hospital” in violation of the Medical Service Act.

Even if the defendant had a criminal intent to commit a crime,

Even if the subject matter of designation of a specialized hospital under the Medical Service Act is limited to “a hospital-level medical institution” (Article 3-5(1) of the Medical Service Act), and “a clinic-level medical institution is a council-level medical institution, so it is difficult for the general public to believe that the general public is a specialized hospital designated by the director of the health and welfare division. In light of the fact that the instant advertisement was designated as “a hospital certified as a hospital certified for dial-a-a-a-dial operation” from December 1, 201 to March 11, 2017 by the Korean National Health and Welfare Council, it cannot be deemed that the said advertisement was false or exaggerated.

2) An advertisement that does not objectively recognize or contains any content that does not exist in the Republic of Korea’s vision correction order, “the preference of a reputation correction operation,” “the highest medical personnel and experts,” and “the Embry that are recognized as having the highest trust and trust among medical specialists in a vision correction order,” etc. However, the prior meaning of “a master” is “a person whose name has been in any specialized field or its house,” and “a master”.