The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. Pronouncement of a penalty shall be suspended.

1. Summary of grounds for appeal;

A. Defendant B, C, and D (hereinafter “the Defendants, who are medical personnel”), the medical personnel of misunderstanding the facts or misunderstanding the legal doctrine, actually carried out the G hospital. Defendant A leased the building and its site to the Defendants, who are medical personnel, and only lent the initial operating expenses of the hospital.

B. It is unreasonable that the sentence against the Defendants of the lower court’s unfair sentencing (i) is too unreasonable, 2 years and 6 months of imprisonment, 3 years of probation, 160 hours of community service, 2 years of probation, 8 months of imprisonment, 2 years of probation, 80 hours of community service, 3 years of probation, 1 year and 6 months of probation, 2 years of community service, 120 hours of probation, 4 months of probation, 1 year of probation, 40 hours of community service, 40 hours of imprisonment).

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. The establishment of a medical institution prohibited under Article 33(2) of the Medical Service Act and Article 87(1)2 of the same Act means that a non-medical person treats the establishment and management of the medical institution’s facilities and human resources, reports on the establishment thereof, the implementation of medical services, the raising of necessary funds, and the reversion of the results of its operation from the leading point of view.

Therefore, the act of investing necessary funds by an ordinary person who is not qualified as a medical personnel (hereinafter “non-medical person”) and employing a qualified medical person and reporting the establishment of a medical institution under the name of the medical person is deemed to be a lawful establishment of a medical institution only formally but also constitutes a case where a non-medical person opens a medical institution, and the report on establishment was made under the name of the medical person or directly by a medical person who is the name of the report on establishment.

On the other hand, the establishment of a medical institution by non-medical personnel and medical personnel under an agreement such as the same business, etc. constitutes an act of establishing a medical institution by non-medical personnel prohibited under the Medical Service Act, and the content and form of the business relationship, and the actual establishment of a medical institution.