The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, at the time of entering into the instant contract, was unaware of the fact that the F hospital was not aware of the victim’s unjust receipt of food supply additional charges from the National Health Insurance Corporation; thus, the Defendant had the intention of

In addition, the court below acknowledged the establishment of a crime of fraud even though there was no conspiracy with the above person related to the hospital.

Therefore, the court below erred by misunderstanding the facts.

B. The sentence of the lower court that is unfair in sentencing (an amount of KRW 10 million) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts, the summary of the facts charged in the instant case is a person running D (On-the-job Co., Ltd. E; hereinafter “D”) a hospital or school meal service company.

On August 2010, the Defendant entered into a contract on the entrusted operation of a restaurant within the hospital (hereinafter referred to as the “F hospital”) with the F hospital (hereinafter referred to as the “F hospital”), and agreed to exclude the personnel expenses of dietitians and cooks from the entrusted fees paid D in order to receive the additional charge for inpatientss at the request of the persons related to the above hospital, and agreed to separately prepare a false contract with the effect that he/she will pay the entrusted fees without deducting the personnel expenses of dietitians and cooks in preparation for the inspection of the National Health Insurance Corporation, etc.

In concluding a contract with F Hospital around August 27, 2010 to entrust the operation of group meals (patient meals and employee restaurants) (hereinafter “instant contract”) with D from September 1, 2010 to August 31, 2013, the Defendant separate a false contract stating that “the Defendant shall receive commission fees without deduction of personnel expenses of dietitians and cooks,” in addition to the actual contract stating that “the Defendant shall receive commission fees” (hereinafter “instant contract”).