Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Defendant A (hereinafter referred to as “Defendant A”) with summary of the grounds for appeal refers to Defendant A’s name omitted and refers to “Defendant”.

The punishment of two and a half years of imprisonment sentenced by the court below is too unreasonable.

The punishment imposed on Defendant A by the lower court (two years of imprisonment, three years of suspended execution, and 120 hours of community service) is too unhued and unreasonable.

Judgment

Defendant

Examining the various sentencing conditions in this case regarding the unfair argument of sentencing against A and the above defendant of the public prosecutor, the following circumstances are favorable to the defendant: (a) the defendant appears to be against the mistake while admitting the whole crime; (b) the medical practice for the patients itself was conducted by the qualified medical personnel; and (c) the considerable amount of the money acquired is deemed to have been used as the operating expenses of the hospital, such as personnel expenses; (d) the defendant, following the original judgment of the National Health Insurance Corporation, made efforts to pay part of the amount of damage and recover damage; and (e) there is a possibility that some damage may be recovered through the property of the defendant and his family members; and (e) the defendant

Meanwhile, the instant crime was committed by non-medical consumer cooperatives in collusion with B, etc. by establishing a false inaugural general meeting minutes, and established and operated a convalescent hospital in which Q medical consumer cooperatives are most of the health and medical projects of the foregoing union. The crime of this case was committed by deceiving the National Health Insurance Corporation more than 2.5 billion won in total from December 2, 2014 to April 2016. In light of the nature and methods of the crime, the period and frequency of the crime, and the amount of damage, etc., the crime was committed, and the crime was committed in bad and bad manner. Such crime was committed by pursuing profits such as unreasonable attraction of patients by medical institutions, excessive treatment, etc., thereby impairing the sound medical order and causing risks to national health.