Defendant shall be punished by a fine of KRW 10 million.

The defendant does not pay the above fine.

2. The lower court, ex officio, applied Article 88 subparag. 1 and Article 22 subparag. 3 of the Medical Service Act to Article 88 subparag. 2 of the facts constituting the crime as indicated in the lower judgment.

In this regard, Article 88 subparagraph 1 of the current Medical Service Act (the statutory penalty is imprisonment for not more than three years or a fine not exceeding 30 million won) was amended by Act No. 14438, Dec. 20, 2016 and enforced from that date.

Article 88 and Article 22(3) of the former Medical Service Act (amended by Act No. 13599, Dec. 22, 2015) (amended by Act No. 13599, Dec. 22, 2015) (amended by Act No. 13599), which is not the current law, shall apply to Article 2 of the facts constituting the crime committed by a defendant prior to the enforcement of the current law.

The lower court rendered a single sentence on the ground that the part of the crime of violation of the above Medical Service Act and the remaining part are concurrent crimes under the former part of Article 37 of the Criminal Act, with the grounds for ex officio reversal, and thus, the entire lower judgment cannot

3. According to the conclusion, the judgment of the court below is omitted, and the judgment of the court below is reversed in whole pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 347(1) of the Criminal Act and Articles 88 and 22(3) of the former Medical Service Act (amended by Act No. 13599, Dec. 22, 2015); the choice of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be prepared by preparing a false record of medical treatment and travel expenses.