The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

No. 4 (2017 order 3508) of seized evidence

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is improper as it is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal by authority (the violation of each national health insurance law stated in No. 9-1 No. 9-3 of the List of Crimes and No. 9-3 of the List of Crimes).

A. On February 28, 2013, the Defendant: (a) was in the AB square surgery located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul around February 28, 2013; and (b) was in the early axis despite the fact that the Defendant had not been able to engage in an early axis.

After being hospitalized in a false manner and being hospitalized in a false manner, at that time, AB regular foreign division received KRW 596,690 of the National Health Insurance Corporation's charge from the total medical expenses, as stated in attached Table 9-1 Nos. 9-3 Nos. 1 and 9-3 Nos. 1 through 3 on April 26, 2013 in total four times until April 26, 2013.

B. 1) The prosecutor indicted this part of the facts charged by applying Article 115, Paragraph 3, Item 5 of the National Health Insurance Act.

2) Article 115(3)5 of the National Health Insurance Act was partially amended by Act No. 11787 on May 22, 2013, and was newly established (Article 115(2)5 was partially amended by Act No. 14084 on March 22, 2016, and Article 115(3)5 was partially amended by Act No. 14084 on March 22, 2016), the Addenda (Article 11787, May 22, 2013), and Article 15(3)5 of the National Health Insurance Act were amended by Act No. 115(3)5. The enforcement date of the said amended Act was the date of its promulgation, and when applying the provisions of the fine for negligence or penal provisions to the acts before this Act’s enforcement, the previous provisions must be followed.

In this regard, the former National Health Insurance Act prior to the above amended Act Article 57 (1) provides that "The National Health Insurance Corporation shall be a person who has received insurance benefits by deceit or other fraudulent means.