The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

The facts charged of this case.

1. The progress of the lawsuit of this case and the scope of the judgment of this court

A. 1) The lower court convicted Defendant B, Defendant B, C, D, and Defendant E-medical consumer cooperatives (hereinafter “cooperative”) of all the facts charged prior to the transmission of the instant lawsuit.

The Defendant appealed against the above judgment on the grounds of mistake of facts, misunderstanding of legal principles, and misunderstanding of sentencing, and on the grounds of misunderstanding of facts and misunderstanding of legal principles.

2) Prior to remand, the first instance court dismissed all appeals filed by the Defendant and the joint Defendant association of the first instance trial prior to remand. Accordingly, the Defendant appealed on the grounds of violation of the law, mistake of facts, and misunderstanding of legal principles, but the Defendant Union did not submit the reasons for appeal without submitting only the petition of appeal.

3) The Supreme Court has accepted the Defendant’s assertion of misunderstanding of the legal principles as to each fraud, and the remaining convictions against the Defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed as to the whole. Therefore, the part of the judgment of the court prior to the remanding, reversed the part of the judgment against the Defendant, and remanded this part of the case to the court, and dismissed the appeal filed by the Co-Defendant Association prior to the remanding.

B. The part of the judgment of the court below regarding Defendants B, C, and D in the judgment below is finalized as it is because the prosecutor did not appeal, and the part concerning the co-defendants Union of the judgment of the court before remanding the case is separated by the judgment dismissing the appeal of the union, and thus, it is excluded from the scope of the judgment of the court below.

On the other hand, if the judgment of the court below is reversed due to other parts related to concurrent crimes although the defendant's argument on the grounds of appeal in the final appeal did not have merit, and the court below again determines the punishment as concurrent crimes, the grounds of appeal in the final appeal are asserted.