All appeals by the Defendants are dismissed.

1. Summary of the grounds for appeal;

A. 1) With respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud among the facts charged in the instant case, the Defendant recognized the violation of the Medical Service Act.

Since the Defendant, even non-medical persons, thought that the establishment and operation of a medical institution through a medical corporation was lawful, there was no awareness that his act was in violation of the Medical Service Act, and therefore, it cannot be said that the Defendant’s act of claiming medical care benefit costs and medical benefits under such recognition of the law constitutes deception.

Nevertheless, the lower court found the Defendant guilty of all the charges. In so doing, it erred by misapprehending the legal principles on deception of fraud or by misapprehending the legal principles on deception of fraud, which affected the conclusion of the judgment.

(2) Defendant B ①’s change of M Council members from Defendant D’s Council is merely a mere change of name, not a new medical institution. ② Defendant was aware that CMedical Foundation was a legitimate medical corporation, and there was no intention in violation of the Medical Service Act. ③ Defendant was merely lent money to C Medical Foundation and did not participate in the operation of M Council members. As such, Defendant A did not constitute a public-private partnership relationship with Defendant A, ④ A’s claim for medical care benefits against the National Health Insurance Corporation was performed by N and Q, and the Defendant did not take part in the above fraud.

Nevertheless, the lower court found the Defendant guilty of all the charges. In so doing, it erred by misapprehending the facts or by misapprehending the relevant legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the Defendants (the three years of imprisonment, and the two years of suspended sentence in August) is too unreasonable.

2. Determination

A. Determination of misunderstanding of facts and misapprehension of legal principles (1).