1. According to Article 323(1) of the Criminal Procedure Act, a judgment of conviction must clearly state the facts constituting a crime, the summary of evidence, and the application of the law. If any one of them is omitted in the grounds of the judgment while a judgment of conviction was rendered, it constitutes a violation of the law that affected the judgment prescribed in Article 383 subparag. 1 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). 2. According to the reasoning of the judgment below, the court below accepted the prosecutor's appeal against the defendant as to the fraud caused by the acquisition of food-related medical care benefits for which the first instance court acquitted the defendant (hereinafter referred to as "this part of the facts charged"), and the remaining crimes which were guilty in the first instance judgment and the above crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and a sentence of a fine of KRW 20 million shall be pronounced, and the summary of the evidence in the judgment shall be cited the relevant part of Article 369 of the Criminal Procedure Act.

However, the summary of the evidence of the court of first instance cited by the court of first instance is limited to the fraud caused by the fraud of medical care benefits related to the preparation cost and the violation of the Medical Service Act, and there is no evidence of this part of the charges.

Examining the above facts in light of the legal principles as seen earlier, the judgment of the court below which entirely omitted the summary of evidence concerning the facts charged in this part of the judgment is unlawful and thus cannot be exempted from reversal. Furthermore, the court below shall point out that the court below needs to examine with regard to the above facts as seen below after remand.

Of this part of the facts charged due to the deceptionation of medical care benefits related to food, it is about the dietitian's additional charges, cooking additional charges, selective group additional charges, and additional charges.