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The defendant's appeal is dismissed.
Reasons
1. The punishment sentenced by the original court (two months of imprisonment and two years of suspended execution) shall be too unreasonable; and
2. It is recognized that the Defendant paid a total amount of damages ( approximately KRW 9 million) that had not been partially recovered by the Defendant for the first time in the judgment.
However, the crime of this case is not limited to making a false claim as if a professional oriental medical doctor provided a medical treatment to a person who has not left the Republic of Korea with overseas travel, or applied for a benefit as if he provided a medical treatment to a person who has not visited the Republic of Korea on one occasion, thereby disturbing sound medical order, causing damage to the general public, making a financial faith of the National Health Insurance Corporation, ultimately causing damage to the general public who is an insured, and committing the crime more than 23 million won, and the amount of fraud was committed through 2000 times for a long period of up to 3 years, and the amount of fraud exceeds 23 million won, and the defendant is not limited to making a false claim as if he provided a medical treatment to the patient who has not left the Republic of Korea on one occasion, or as if he provided a medical treatment to a person who has not visited the Republic of Korea on one occasion with overseas travel, etc., the judgment of sentencing by the court below is judged to be within the reasonable scope of its discretion, and it is not recognized that the sentence of the
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.