The prosecutor's appeal is dismissed.

1. In light of the statements made by AH and K investigative agencies in the grounds for appeal, it is recognized that the Defendants received the cost of long-term care benefits in a fraudulent manner despite the Defendants’ failure to provide visit care services to AF,Y, and AG, and that the beneficiaries AJ received the cost of long-term care benefits in a non-regular manner even if the beneficiaries AJ did not provide night care care

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

2. Determination on the grounds for appeal

A. The summary of this part of the facts charged (i) even if the Defendants did not provide the beneficiary AF, Y, and AG with visiting medical care from January 2014 to November 2014, the Defendants denied the cost of long-term care benefits from the National Health Insurance Corporation, the victim, by entering the long-term care benefit claim system as if the AH caregiver visited medical care and claiming unfair cost of long-term care benefits.

Shebly, from January 4, 2015 to April 2017, the Defendants did not provide the beneficiary AJ with care care services at weekends and Sundays at the above E night protection facilities. However, the Defendants entered the long-term care benefit claim system as if they were provided with care care services at night, and then illegally received the cost of long-term care benefits from the National Health Insurance Corporation, the victim, by claiming the cost of long-term care benefits.

B. (1) The lower court determined as follows.

In light of the following circumstances, the evidence presented by the Prosecutor alone is insufficient to deem that this part of the facts charged is sufficiently proven to the extent that it excludes a arbitrarious doubt.

① AH, around June 22, 2017, prepared a written statement to the effect that “I had not worked at the Medical Care Center in 2014 (the degree of one month), 2017, and there was no visit to F and G,” and that “I had not provided any visit to the Medical Care Center in 2017.” AH worked at the Medical Care Center in 2014 as of July 7, 2017.