The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than 11 months.

except that this judgment.

1. Summary of grounds for appeal;

A. Defendant B: Since the “M hospital” located in Ansan-si L was located in the cafeteria of the above hospital, Defendant B, the head of the above hospital, filed a claim for additional charges and the additional charges under the National Health Insurance Act and subordinate statutes on national health insurance with the victim’s National Health Insurance Corporation, which was the head of the above hospital, and transferred the hospital to the account in the name of the president of the hospital C.

It can not be seen, and there was no intention to commit fraud.

Therefore, Defendant B committed a crime of fraud.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Defendant C: AA medical corporation operating the “O hospital” located in the Dong-gu in Ansan-si, Ansan-si, directly located in the restaurant of the above hospital. As such, Defendant C, the head of the administrative office of the above hospital, claimed additional charges and additional charges from the National Health Insurance Corporation, and transferred them to the account in the name of the said corporation, the said medical corporation committed deception even if it received money from the victim

It can not be seen, and there was no intention to commit fraud.

Therefore, Defendant C committed a crime of fraud.

The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. According to the relevant legal principles, according to the table of non-health insurance benefit in the table of health insurance action wages and the relative value points for benefits (Public Notice No. 2010-38 of the Ministry of Health and Welfare No. 2010-38) publicly notified pursuant to Articles 5(2) and 8(2) of the Regulations on the Standards for Medical Care Benefits for National Health Insurance delegated pursuant to Article 41(2) of the National Health Insurance Act, the amount of meals is calculated according to the number of dietitians or cooks belonging to the relevant health care institution.