The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of KRW 15 million) is too unhued and unreasonable.

Judgment

The crime of this case is an unfavorable sentencing factor, such as: (a) the Defendant acquired medical care benefit costs against the National Health Insurance Corporation or assisted and aided their fraudulent conduct by inducing insurance fraud patients; (b) causing financial deficiencies of the National Health Insurance Corporation; and (c) undermining the purpose of the insurance system, the nature of such crime is very poor; (d) the amount of damage suffered by the National Health Insurance Corporation due to the Defendant’s crime is KRW 33 million in total; and (e) the amount of damage suffered by the damaged insurance companies is very large

However, in full view of the following factors: (a) the Defendant recognized his/her mistake as a whole and reflects the depth of the Defendant; (b) the Defendant returned insurance proceeds to the National Health Insurance Corporation; (c) most damaged insurance companies have agreed on the return of insurance proceeds to all damaged insurance companies; (d) the Defendant was a primary offender who has no previous conviction; and (e) the Defendant appears to have no disadvantage to the Defendant when deprived of the license of an oriental medical doctor for a considerable period of time after having been sentenced to imprisonment without prison labor or a heavier punishment; and (b) other factors of sentencing as indicated in the arguments, such as the background of the instant crime; (c) circumstances after the crime; (d) the Defendant’s age, character

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.