All the judgment below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant’s advertisement through misunderstanding of facts or misunderstanding of legal principles (guilty part of the judgment of the court below) constitutes a medical advertisement permitted under the Medical Service Act, and the Defendant did not have an intention to purchase E.

Nevertheless, the court below found the defendant guilty on this part of the facts charged, and there is an error of misunderstanding the F's business method and misunderstanding the legal principles on the distinction between the patient's introduction, referral, and inducement and the medical advertisement.

2) The sentence of the lower court (an amount of KRW 5 million) that is unfair in sentencing is too unreasonable.

B. Prosecutor 1) In light of the fact-misunderstanding and misunderstanding of legal principles (not guilty part of the judgment of the court below), Defendant’s advertising act through B constitutes the act of introducing, mediating, and inducing patients in essence identical to F and business methods.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged, and there is an error of misunderstanding facts and misunderstanding of legal principles.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The term “induction and good offices” under Article 27(3) of the Medical Service Act refers to the act of mediating or facilitating the formation of a contract for delegation of medical treatment between a patient and a specific medical institution or a specific medical person. The term “induction” refers to the act of inducing a patient to enter into a contract for entrustment of medical treatment with a specific medical institution or a specific medical person by deceiving or treating the patient, and the term “induction of such act” refers to the act of inducing another person to enter into a contract for entrustment of medical treatment with a specific medical institution or a specific medical person, and the term “induction of such act” refers to the act of inducing another person to resolve to introduce, arrange or induce a patient to a specific medical institution or a specific medical person for profit (see Supreme Court Decision 2004Do5724, Oct. 27, 2004).