The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (public prosecutor) by the Defendant’s defense counsel filed an appellate brief with this court as of July 31, 2019. However, there is no evidence to deem that there was a defendant’s legitimate appeal against the lower judgment. Even if ex officio examination is conducted, there is no ground for reversal of the guilty part of the lower judgment.

The facts charged in the judgment of the court below concerning acquittal are the same as the victim of fraud for which judgment has become final and conclusive, and the form and method of deception is entirely different, and it is difficult to view that there is a single comprehensive crime because the criminal intent is not the same.

Even if this part of the facts charged is the relation between fraud for which the judgment became final and the inclusive crime, insofar as the final judgment is not punished for habitual offenders, res judicata of the final judgment does not extend to this part of the facts charged.

Nevertheless, the court below erred by misapprehending the legal principles on acquittal of the facts charged, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (three years of suspended execution in one year and six months of imprisonment) is too unhutiled and unfair.

2. Judgment on the misapprehension of legal principles

A. Based on the evidence duly adopted and examined by the lower court, the lower court determined that: (a) the Defendant was sentenced to a suspended sentence of one year and two months on August 7, 2014 in Busan District Court Decision 2013DaMa8979, which was sentenced to a suspended sentence of one year and two months on August 15, 2014; and (b) the crime of fraud committed against the victim of the National Health Insurance in the final judgment, which became final and conclusive on August 15, 2014; and (c) “the Defendant acquired KRW 10,116,460 in total from the National Health Insurance Corporation as the health care benefit for the victim, in collusion with AI, etc., or by manipulating the medical record as if he/she had been hospitalized in G with sufficient patients to receive normal hospital treatment after having been hospitalized in from the beginning of March 2010 to the beginning of July 2011.”