All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant A merely helps Defendant B establish a G hospital, and Defendant B led to the establishment and operation of a G hospital. Thus, Defendant A cannot be deemed to have employed Defendant B and opened a G hospital.

B) Since the National Health Insurance Corporation pays medical care costs on behalf of the patient in return for medical treatment, it is unreasonable to recognize the total amount of medical care benefits costs as the amount obtained by defraudation and apply the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Specific Economic Act”) on the premise of such recognition.

2) The sentence sentenced by the lower court (three years of imprisonment for Defendant A, two years and six months of imprisonment for Defendant B, and four years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination as to the Defendants’ misunderstanding of facts and misapprehension of legal principles

A. Although the Defendants asserted the same purport as the allegations in this part of the judgment of the court below, the court below stated in detail the judgment on this point, and provided facilities by investing the necessary funds for Defendant A, employed Defendant B, a qualified medical practitioner, and established and operated a medical institution under the name of the Defendants, and acquired 12.6 billion won by fraud in the process.

Recognizing this, the Defendants applied Article 3 (1) 1 of the Specific Economic Law to the Defendants.

B. The establishment of a medical institution prohibited by Article 33(2) of the Medical Service Act means that a non-medical person handles the facilities and human resources of the medical institution from a leading point of view, such as the recruitment and management of the facilities and human resources, the report on establishment, the implementation of medical business, the raising of necessary funds, the reversion of the operational performance, etc. (see Supreme Court Decision 2009Do2629, Oct. 27, 201). The circumstances recognized by the lower court and the lower court’s lawful reasoning.