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The judgment below
The part against the Defendants is reversed.
Defendant
A Concerning the crimes of Nos. 4, 5 and 6(b) in its holding.
Reasons
1. Summary of grounds for appeal;
A. Defendant A misunderstanding the facts and misapprehension of the legal doctrine, Defendant A was studying in the Philippines from November 26, 201 to July 2015, and thus, Defendant A did not participate in the establishment and operation of L dental clinics or the National Health Insurance Corporation’s claim for medical care benefits and medical care benefits during the foregoing period.
Nevertheless, the court below erred by misapprehending the legal principles on the prohibition of establishment of non-medical personnel, etc., and held that Defendant A committed a violation of the Medical Service Act and a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) during the above period.
The decision was determined.
2) The sentence (two years and six months of imprisonment (two years and two years of imprisonment) and a fine of five million won) imposed by the lower court on Defendant A is excessively unreasonable.
B. Defendant C (Defendant C1) was unaware of the fact that the joint Defendant C did not have a dentist’s license from May 2016 to February 2017, 2017.
Defendant
C A Medical Service Act prohibiting a medical person from establishing two or more hospitals (Article 33(8) of the Medical Service Act) (Article 33 (Establishment, etc.) of the Medical Service Act that only the medical person is prohibited from establishing two or more hospitals (Article 33(8) of the Medical Service Act).
Provided, That where a person who has at least two medical licenses intends to establish a clinic-level medical institution, he/she may establish a medical institution at the same time only in one place.
The defendant A thought that he borrowed the name of the defendant C for the purpose of evading B.
Nevertheless, the judgment of the court below that found Defendant C guilty by recognizing the joint principal offender's liability for the violation of the Medical Service Act between the above periods was erroneous.
2) The sentence sentenced by the lower court to Defendant C (eight months of imprisonment and two years of suspended execution) is excessively unreasonable.
2. Defendant A’s assertion of misunderstanding of facts and misapprehension of legal principles.