A. The Defendant prepared several medical records and claimed medical care benefits on the basis thereof. In the process, there was no intention to commit a crime of violating the Medical Service Act or an intention to illegally obtain the medical care benefits for patients whose name is similar by mistake, and the lower court found the Defendant guilty of the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine or by misapprehending the legal doctrine.

B. The sentence of the lower court (2 million won of fine) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant's assertion of misunderstanding of facts and misunderstanding of legal principles identical to the grounds for appeal of this case. In light of the above judgment of the court below in comparison with records, the judgment of the court below is just, and contrary to the defendant's assertion, the court below did not err by misunderstanding facts or by misunderstanding of

The defendant's above mistake of facts and misapprehension of legal principles are without merit.

B. It is reasonable to respect the sentencing conditions when compared to the first instance court’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). However, in light of the fact that the crime of deceiving medical care benefits through the preparation of false medical records makes it easier for the National Health Insurance Corporation to deteriorate the finances of the National Health Insurance Corporation, and that the criminal defendant is punished for the same kind of crime, and that there is no special circumstance to change the sentencing after the judgment of the court below, and that there is no other change in circumstances that could change the sentencing after the judgment of the court below, the sentence imposed by the court below is deemed appropriate.