A. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant recognized the crime of this case, the National Health Insurance Corporation, the victim of the fraudulent crime, and the insurer, deposited all the amount of damage for the insurance company, and there is no criminal record exceeding the same criminal

On the other hand, the crime of this case is an unfavorable circumstance, such as the fact that the medical person’s professional ethics, the abuse of the insurance system, and the damage to many policy holders is not easy to assume the Defendant’s responsibility. The Defendant led the instant crime as the head of the hospital in the Cvalescent hospital; the sum of the defraudation amount of the fraud crime exceeds approximately KRW 132 million; and the damage amount of the insurance company that has caused damage to the fraud is about KRW 188 million.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and in full view of the Defendant’s age, character and conduct, family relationship, circumstances surrounding the crime, and various sentencing conditions as shown in the records and arguments of this case, it is not deemed that the lower court’s punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

3. The appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.