The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) was presented by the Defendant to make an advertisement with a false representation of his/her qualification as “medical specialist” from the company that requested the production of the advertisement, and approved it, and posted it on the website of the hospital operated by the Defendant.

As such, the period for which the defendant approved and posted a false advertisement exceeds one year.

In addition, the Defendant, despite being aware of the fact that the phrase “a medical specialist verified from sexual intercourses” was written on his/her home page of the hospital operated by him/her, laid down his/her intention to read “a person with sexual intercourses’ experience.”

Therefore, the defendant had a criminal intent to run a false medical advertisement.

2. The summary of the facts charged is that the Defendant, under the trade name of “E” on 5th fiveth floor of Songpa-gu Seoul Metropolitan Government D shop, was an intention to operate a sexual surgery and a person subject to imposition, and was not qualified as a sexual surgery, but on May 24, 2017, the Defendant committed a commitment to the outcome of a procedure satisfactory to satisfy the verified medical specialist with sexual surgery and origin on his/her website around May 24, 2017.

“A false medical advertisement stating the word “” has been put on.

3. In full view of the following circumstances revealed from the documentary evidence duly adopted and investigated by the lower court, the lower court’s judgment committed an intentional act of making a false medical advertisement at the time of May 24, 2017 as indicated in the indictment by the Defendant.

On the ground that it is difficult to recognize the above facts charged, the court acquitted the above facts charged.

① The Defendant was working in F, a company for public relations of his members.

② The F Co., Ltd. was in charge of the production of website for Defendant, the production of hospital guidance signboards, and the actual production of promotional materials. Of them, those indicated as a medical specialist are only on the Internet homepage.

(3) Although the defendant can confirm the production of F, the defendant has only limited to the defendant, as he delivered a large quantity of productions to the defendant.