The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. In light of the records of this case, prior to the judgment on the grounds for ex officio appeal, the defendant received false long-term care benefits by deceiving the victim as if he provided care services in claiming long-term care benefits to the National Health Insurance Corporation, and acquired them by deception.

As such, a crime of violation of the Long-Term Care Insurance Act and a crime of fraud, which is committed by the same act in the same opportunity at the same time and place, are in a commercial concurrence relationship as stipulated in Article 40 of the Criminal Act.

I would like to say.

In doing so, the court below erred by misapprehending the legal principles on the number of crimes, which affected the conclusion of the judgment, and in this respect, the judgment of the court below cannot be maintained any more.

3. As such, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the judgment of the court below and the summary of evidence is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (referring to the fraud, inclusive) and Article 67 (2) 2 of the Act on the Insurance for Long-Term Care of Older Persons (the fact of receiving long-term care benefits by unlawful means, including the fact of receiving long-term care benefits);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders is about KRW 170 million by claiming false long-term recuperation benefits to victims of the National Health Insurance Corporation for about three years.