All appeals by the Defendants are dismissed.

1. The summary of the grounds for appeal (the fine of KRW 20 million) by the lower court is too unreasonable.

2. In light of the legislative intent of the Medical Service Act, the Defendants led to the confession of the instant crime, and the Defendants did not have any previous department, and Defendant B did not have good health for the aged. However, the instant crime was committed by the Defendants, without being qualified to establish a medical institution, by borrowing the medical license from C, and operated a business for about one year and four months. Therefore, the qualification to establish a medical institution is strictly limited to medical personnel with medical expertise or a person with public nature, thereby establishing a sound medical order and preventing risks to national health that may occur when establishing a medical institution for profit-making purposes in advance. In light of the legislative intent of the Medical Service Act, the criminal liability of the instant crime committed by the Defendants is not weak.

In addition, considering the circumstances before and after the crime, the Defendants’ age, character and conduct, environment, occupation and family relation, etc., the lower court cannot be deemed to have unfairly heavy punishment on the Defendants.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.