The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Daegu District Prosecutors' Office in 2013.

1. Summary of grounds for appeal;

A. The crime of taking property in breach of trust as stated in the judgment of the court below constitutes an inclusive crime, and the crime of taking property in violation of the Medical Service Act as stated in paragraphs (1) and (2) constitutes an inclusive crime.

In addition, since the crime of taking property in breach of trust and the crime of taking property in violation of the Medical Service Act are related to the ordinary agreement, punishment should be imposed only on the crime of taking property in breach of trust with heavier punishment.

Even though the defendant's violation of the Medical Service Act committed by an O hospital constitutes a comprehensive crime separate from the violation of the Medical Service Act committed by the R hospital, it can only be punished as a substantive concurrent crime against the defendant's violation of the Medical Service Act, Paragraph 1, and Paragraph 2.

Nevertheless, the judgment of the court below that each act of giving and receiving individual amounts constitutes a single crime is erroneous in the misapprehension of legal principles as to the number of crimes, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment, confiscation, additional collection 79,5250,000 won) is too unreasonable.

2. Determination

(a) Where a person continues to perform several acts falling under the name of the same crime for a certain period under the single and continuous criminal intent and the legal benefits of such damage are the same, each of these acts shall be punished by a single comprehensive crime in total;

(See Supreme Court Decision 2002Do5341 Delivered on August 22, 2003)

B. In the case of a violation of the Medical Service Act, the Defendant’s act of receiving money from S during the service at an O hospital from January 201 to May 201 is deemed to constitute a single crime, on the grounds that the legal interest infringed upon is identical, time and place continuity is recognized, and the Defendant’s criminal intent is recognized as a single crime (hereinafter “violation of the Medical Service Act”). Moreover, from July 201, the Defendant from around July 201 to around July 201.