The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Fact-misunderstanding: although the Defendant’s advertisement is not likely to mislead or exaggeration consumers (in particular, the Defendant did not mislead the Defendant as a medical specialist), the lower court found the Defendant guilty of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the legal doctrine.

B. Sentencing: The sentence (one million won in penalty) imposed by the court below is too unreasonable.

2. Determination

A. In light of the evidence duly adopted and examined by the court below, it is reasonable to view the medical advertisement with the same content as the Defendant’s facts charged constitutes a medical advertisement with any content that is likely to mislead consumers, or that is not objectively recognized, or an advertisement with any content that has no grounds, or an exaggerated content, that constitutes a medical advertisement with the content that is prohibited under Article 56(2)2, 7 and 3 of the Medical Service Act.

In particular, even if the defendant is not a medical specialist, he/she runs a medical advertisement for the clinic.

Article 56 (3) of the Medical Service Act provides that “A medical corporation, medical institution, or medical person shall not run any medical advertisement with a false or exaggerated content.”

“......”

Here, the term “medical advertisement” refers to a medical corporation, medical institution, or medical person’s act of widely informing medical technology and medical practice, such as its business, function, career, facilities, and method of medical treatment using such media or means as newspapers, online newspapers, periodical publications, broadcasting, telecommunications, etc. (see Supreme Court Decision 2014Do1657, Jun. 23, 2016). Moreover, medical advertisement prohibited by the foregoing provision includes not only medical practice but also all contents related to medical care, such as the medical person’s career, etc. (see Supreme Court Decision 2016Do556, Jun. 23, 2016). In addition, “False or exaggerated advertisement” means a medical advertisement that is not true or excessively unreasonable.