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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. Scope of the judgment of this court;
A. The court below rejected the application for compensation of the applicant for compensation, and since the applicant cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the above application for compensation became final and conclusive immediately, the part of the court below's rejection of the above application for compensation in the judgment below is excluded from
B. Meanwhile, the court below found the Defendant not guilty on the part concerning the fraud of KRW 158,948,373 as to the sum of the insurance proceeds due to each hospital treatment stated in the annexed Table 8, 13 through 17, 19, 20, 26, 34, 35, and 41 among the facts charged in the instant case, and found the Defendant not guilty on the grounds of the judgment, and found the guilty guilty on the part of the judgment regarding a single comprehensive crime.
In regard to this, the Defendant appealed only to the portion obtained by deceitation of KRW 33,112,530, total insurance money due to each hospitalized treatment listed in the annexed Table 5,42, among the parts found guilty in the lower judgment, and the prosecutor appealed only to the portion obtained by deceitation of KRW 152,241,650, total insurance money due to each hospitalized treatment listed in the annexed Table 8, 13 through 17, 19, 20, 20, 26, 34, and 35, among the part not guilty, and did not appeal to the part obtained by deceitation of KRW 6,706,723, due to hospitalized treatment listed in the annexed Table 41, the portion obtained by deceitation of KRW 41, as well as the guilty portion due to the principle of non-payment of appeal, but the portion listed in the annexed Table 41, which was in fact separated from the object of attack between the parties.
Therefore, the scope of the judgment of this court is limited to the remaining parts except for the acquittal of the reasons listed in the annexed Table 41 among the judgment below, and the acquittal of the reasons listed in the annexed Table 41 shall not be determined separately in the trial by applying the conclusion of the judgment below.