beta
(영문) 서울중앙지방법원 2017.03.24 2016노5280

사기등

Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the prosecutor’s Defendants (Defendant A: 10 months of imprisonment; Defendant B: imprisonment with prison labor for 6 months; imprisonment with prison labor for 2 years of suspended execution; and fine of 1 million won) is too unhued and unreasonable.

B. The lower court’s punishment against Defendant A is too unreasonable.

2. According to the records, the defendants filed an application for installment payment of long-term care benefit costs acquired by deceit with the National Health Insurance Corporation on November 201, 2016 and received a notice of approval (if the payment by installments is unpaid on at least two occasions, on condition that the approval by installment is revoked). Accordingly, the court below paid approximately KRW 5 million in installments at the court below (this part was already considered in the grounds of sentencing in the court below), and the fact that the additional amount of KRW 5.7 million was paid in installments in the appellate court is recognized.

However, even if considering the above additional payment, it is appropriate for the court below to sentence Defendant A to 10 months of imprisonment with prison labor, to Defendant B with prison labor for six months, and to impose a fine of one million won with prison labor for Defendant A with prison labor for more than 10 months, and as alleged by Defendant A, the punishment against Defendant A is too heavy as the punishment against the Defendants is too heavy, or as alleged by the public prosecutor, each punishment against the Defendants is too excessive and unfair. Thus, the argument by Defendant A and the public prosecutor is without merit.

3. In conclusion, since each appeal by Defendant A and the prosecutor is without merit, it is dismissed in entirety under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.