특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (one and half years of imprisonment with prison labor for the Defendants A, and a fine of five million won for the Defendant B) is too unreasonable.
2. Determination
A. Each of the crimes of this case regarding Defendant A’s assertion of unfair sentencing is that each of the crimes of this case committed by Defendant A established and operated four medical institutions by unlawful means, even though the consumer cooperatives were not intended to use them, and acquired money from the victim under the name of medical care benefit expenses, etc., and the nature and method of the crime is very poor. Such crime is a violation of the Medical Service Act to establish a sound medical order and prevent risks to national health by strictly restricting the establishment qualification of medical institutions. It is necessary to strictly punish the victim as harming the financial soundness of the victim who operates the insurance premium paid by the citizen. The amount obtained by the victim exceeds KRW 540 million in total, and most of the damages are not recovered. Defendant A actively obstructed investigation, such as making a false statement to some witnesses during the investigation process, and Defendant A committed the crime of this case with the same kind of fines established and operated by each of the Korean Medical Services Act, despite having been sentenced to a fine of KRW 700,000, Apr. 3, 2012.
On the other hand, it seems that Defendant A is against all the crimes of this case, and the gain acquired by using the medical care benefit cost, etc. acquired by Defendant A from the victim in the operation of the medical institution seems not to reach the amount of fraud, and the victim is medical care benefit cost, etc.