The judgment of the court below is reversed.

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

1. Summary of grounds for appeal;

A. Defendant 1) In addition, the method of uniformly applying the reduction rate by the National Health Insurance Corporation (hereinafter “Corporation”)’s announcement by the Ministry of Health and Welfare (hereinafter “Corporation”) does not reflect the actual amount of damages of the Corporation, but rather has the nature of administrative sanctions, such as penalty surcharges for sanatoriums under the Public Notice by the Ministry of Health and Welfare.

As such, the application of the reduction rate has both the nature of administrative sanctions and the redemption of unfair benefits due to the violation of laws and regulations.

The actual amount of damage shall be limited to the recovery of unfair benefits.

Therefore, it is unreasonable to recognize the amount of illegal supply and demand equivalent to the reduction rate as the amount of damage to the Corporation, and it is necessary to calculate the amount of damage to the Corporation on the basis of personnel expenses equivalent to the shortage of human resources or hours of work in violation of the standards for placement of human resources (hereinafter “instant assertion”). (B) In order to establish fraud in the event of infringement of public interest, a specific act should be deemed as infringing on such legal interests and at the same time, infringing on property rights, which are protected by criminal law, and there should be no separate penal provision corresponding to the special relationship of fraud in the administrative law.

Article 67(2)2 of the Act on the Insurance of Long-Term Care for the Aged provides that “a person who has received long-term care benefits or has allowed another person to receive long-term care benefits by fraud or other improper means shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won.” Article 69(1)6 of the Act on the Insurance of Long-Term Care for the Aged imposes an administrative fine not exceeding five million won on “a person who has caused a beneficiary to pay long-term care benefits by fraud or other improper means.”