The judgment below

Part of the cost of lawsuit, excluding the cost of lawsuit, shall be reversed.

Defendant

A shall be punished by imprisonment with labor for one year;

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment for Defendant A and four months of imprisonment for Defendant B) is too unreasonable.

2. Although there are extenuating circumstances against the Defendants, such as the fact that the amount of deception obtained by deception reaches KRW 100 million, the Defendants appeared to have committed a mistake and to reflect the fact that the Defendants were living in custody for about six weeks after being detained in the court at the court below, while living in custody after being detained in the court at the court below, and Defendant A agreed to pay KRW 75 million to the victims, and Defendant B agreed to pay KRW 7 million to the victims, and the victims had already withdrawn the complaint against Defendant B at the investigative agency, the final liability for the obligations of the drug proceeds of this case is attributable to the Defendant A, who was the head of the hospital.

Considering the fact that the degree of responsibility of Defendant B, who was the chief secretary, appears to be relatively light, the Defendants’ age, sexual conduct, environment, motive and background of the crime, motive and background of the crime, method and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is somewhat unreasonable.

The defendants' argument of sentencing is justified.

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is rendered again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is as follows: (a) the summary of the evidence “1. The Defendants’ respective legal statements” as “1. The Defendants’ respective legal statements” is the same as the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 330 of the Criminal Act concerning criminal facts and the Defendants’ choice of punishment: Articles 347(1) and 34 of the Criminal Act (the respective choice of imprisonment with prison labor for Defendant A and of fine for Defendant B)

1. Defendant A who handles concurrent crimes: Criminal Act.