The part of the judgment of the court below concerning each defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

In this case.

1. Summary of grounds for appeal;

A. In the first judgment of the lower court, the Defendant borrowed 20 million won to L, and the Defendant did not take part in the act of opening “Nuriwon” (hereinafter “instant hospital”) and L/B by attracting false inpatientss to the instant hospital, thereby deceiving money from the Victim’s Health Insurance Management Corporation (Fraud).

B. The punishment (the first instance court: the imprisonment of one year and four months, and the second instance court: the imprisonment of one year and one year) imposed by each court below on the accused of unfair sentencing is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the case of this court 2013No1739, which is the appeal case against the judgment of the court of first instance, and the case of this court 2013No2474, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes of the court of first and second judgment is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the part of the judgment of the court below

However, despite the existence of the above reasons for ex officio destruction, the argument of mistake of facts about the part of the first instance judgment of the defendant is still subject to the judgment of the court, and it should be seen.

3. Judgment on the defendant's assertion of mistake of facts

A. The summary of this part of the facts charged (the part of the first instance judgment [2012 order 1605] L and the Defendant’s joint criminal conduct (the violation of the Medical Service Act L and the Defendant are not medical personnel or not able to establish a medical institution), despite that L and the Defendant conspired to establish a hospital by investing KRW 20 million in L.

Therefore, L and the defendant in collusion with each other on March 23, 2009, the hospitalization room, physical therapy room, and various kinds of facilities in the 3,4th floor of the inncheon-si M building in Bupyeong-si, Seocheon-gu.