Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment of one year and six months, and fine of 9,400,000 won.

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant A related to the establishment of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) bears the risk of purchasing more than 3,000 seats to prevent the instant bathing at the discounted price, and imported at the discounted price and submitted the certificate of import declaration at the general price. This is merely a reference material for the determination of the price of welfare instruments, and such submission of the certificate of import declaration does not constitute deception, but the National Health Insurance Corporation (hereinafter “victim Corporation”) did not consider the import price reported by Defendant A when it first determines the price of the instant bathing prevention room around June 30, 2008, and at least around December 30, 2008, Defendant A was aware of the actual import price of the instant bathing prevention room. Thus, even if Defendant A's deception is recognized, the lower court erred by misapprehending the legal principles on the crime of fraud or by misapprehending the legal principles as to the establishment of the crime of fraud.

(2) The deception by Defendant A related to the fraud amount of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is about the determination of the publicly notified price, and even if there was no deception by Defendant A, the victim was planned to calculate the publicly notified price in an appropriate amount. Therefore, the difference between the publicly notified price and the publicly notified price determined based on the import price reported by Defendant A based on the true import price.