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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. Determination
A. 1) The scope of the recommended punishment according to the sentencing guidelines for fraud [the scope of the recommended punishment] 2 types of fraud [the scope of the recommended punishment] 2 types of fraud [the scope of the recommended punishment] (10 million won or more, and the amount of less than 500 million won) (1 to 4 years)] and the basic area (1 to 2) / there are no guidelines for the violation of the Medical Service Act and the violation of the Consumer Cooperative Act. 3) There are no guidelines for the violation of the Sentencing Act.
B. The judgment is based on the following circumstances: (a) the Defendant recognized the instant crime and against the Defendant; and (b) the Defendant did not have any record of being punished for the same kind of crime; (c) however, the instant crime was committed by the Defendant, who did not have a doctor’s license, and operated the hospital by using a de facto means; and (d) the nature of the crime was bad; and (e) the amount of defraudation is equivalent to approximately KRW 349 million; and (e) the Defendant did not have been supported by the Defendant’s spouse with the repayment of KRW 15 million in the first instance.
In addition, considering the various sentencing conditions shown in the records and arguments of this case, the lower court’s punishment seems to be unfair, and the above assertion by the Defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.