The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court is unreasonable in light of the following facts: (a) the Defendant, while operating a convalescent hospital, worked as a doctor H and nurse J, applied for the medical care benefits expenses to the victim of the National Health Insurance Corporation as if he were a full-time doctor and nurse, and the amount paid to the victim is KRW 490 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000).

2. However, the fact that the amount of the medical care benefit cost that the Defendant acquired by deception by falsely reporting the number of medical doctors and nurses while operating a convalescent hospital reaches KRW 490 million is disadvantageous to the Defendant.

However, there is no extenuating circumstance to deem that the Defendant has used the money acquired by deception for personal purposes, 37,197,656 won as an unpaid annual paid leave allowance and retirement allowance, and 471,304,450 won by fraudulent report of the number of nurses respectively. In full view of the fact that the amount recovered due to false report of the number of nurses was returned to the National Health Insurance Corporation, and all other circumstances that are the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentence is deemed unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.