The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 20,000,000.

The above fines are respectively imposed by the Defendants.

1. Summary of grounds for appeal;

A. Defendant A, without the involvement of Defendant B, has opened a “G dental” alone without the involvement of Defendant A, and he did not establish a G dental as a partnership with Defendant B.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the prosecutor by the court below on the Defendants (a fine of KRW 10 million) is too unhued and unfair.

2. Determination

A. Fact-finding 1) If a medical person conspireds to establish and process a medical institution by any person other than a medical person or a medical corporation, it constitutes a joint principal offender for a violation of Article 87(1)2 and the main text of Article 33(2) of the Medical Service Act. The Medical Service Act prohibits any person other than a medical person or a medical corporation from establishing a medical institution at source, and imposes imprisonment for not more than five years or a fine not exceeding 20 million won on such person if he/she violates Article 87(1)2. The legislative purpose of the above prohibition provision is to protect the health of the people by strictly restricting the medical institution’s eligibility for medical care and to prevent risks arising from the establishment of a medical institution for profit-making purposes, and to establish a sound order in light of the fact that the Medical Service Act’s establishment of a medical institution and its establishment of a medical institution by any person other than a medical person and any other non-profit corporation constitutes a violation of Article 25(2) of the Medical Service Act.