All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (2 years of imprisonment, 10 months of imprisonment, and 2 years of suspended sentence) of the lower court (2 years of imprisonment for Defendant A: 10 months of imprisonment, and 2 years of suspended sentence) is too unhu

B. The sentence of the lower court is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

The defendants' crime is a clear violation of the purpose of the Medical Service Act that attempts to protect and promote the health of the people by strictly restricting the qualification of the founder of a medical institution, and the crime is a bad crime in that the amount of fraud based on this is very large to KRW 500 million.

The Defendants did not take any particular measures to recover damage.

There are circumstances where actual medical practice was conducted considerably poor due to the Defendants’ fault in committing the crime, and the rest of the first instance trial co-defendants could have easily prevented the insurance fraud.

On the other hand, the following conditions are favorable.

The defendants have led to the confession of crimes against the wrongness.

Defendants are first offenders who had no record of criminal punishment prior to the instant case.

The Defendants seem to suffer any subsequent disadvantage, such as recovery of expenses for medical care benefits and revocation of the license of an oriental medical doctor in connection with the instant crime.

In addition, comprehensively taking account of the details of the instant crime, the Defendants’ actual criminal proceeds, the circumstances after the instant crime, the Defendants’ age, sexual conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable due to its gross negligence, and thus, the prosecutor and the Defendants’ assertion are without merit.

3. The conclusion prosecutor and the Defendants’ appeal are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as the grounds for appeal are without merit.