All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal is not that the Defendants were employed by I to provide medical treatment, but the Defendants actually operated the hospital.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the judgment.

2. Determination

A. “Establishment of a medical institution prohibited under the Medical Service Act” means that a non-medical person handles facilities and human resources of the medical institution, reports on establishment, the implementation of medical business, the raising of necessary funds, the ownership of the operational performance, etc. from the perspective of leading the establishment of the medical institution.

Therefore, the act of opening and reporting a medical institution under the name of a qualified medical person by investing necessary funds by the general public who is not qualified as a medical personnel, is the most formally only the act of opening and operating a medical institution, and practically constitutes a case where a person who is not a medical person opens and operating a medical institution. A medical person, who was a medical person, either under the name of or under the name

On the other hand, the Defendants cannot be viewed differently (see Supreme Court Decision 2009Do2629, Oct. 27, 201). B. The Defendants also operated each of the instant hospitals by the lower court.

The court below asserted that the defendant A, B, D, and the defense counsel did not provide medical services under employment of I, and found the judgment on the above argument in detail below "the judgment on the argument of the defendant A, D and the defense counsel".

In addition, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, L was found in the prosecutor's office to have a place in which Defendant A andO talked, but Defendant A was her "bin."

I consider that the hospital is too same as that of the hospital and that it is above.

"," and "I was the main place of the building and the location of the business that establishes and operates the hospital."