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The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for two years.
Reasons
1. Illegal sentencing on the summary of the reasons for appeal: The sentence of the lower court (two years and six months for each of the Defendants) is too unreasonable.
2. The prosecutor of the ex officio determination was delivered KRW 4,606,372,200, total of 262,200, as stated in the list of crimes attached to the National Health Insurance Corporation, as well as KRW 1,984,258,270, total of 1,98,270, in the name of medical care benefits for 481 times as described in the list of crimes II, to the Defendants for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the Defendants for the first time. As such, the part of the judgment of the court below which found the Defendants guilty of being sentenced to the total of KRW 4,606,372,20, and KRW 371 as stated in the list of crimes attached to the list of crimes in the judgment of the Seoul Metropolitan City, which changed the sentence of Article 3 of the Specific Economic Crimes Act from the victim to the total of KRW 1,984,258,270.
The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendants' unfair assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the evidence and the summary of the judgment of the court below are as follows: 4,606,372,200 won in total under the name of medical care benefits in 262 times, such as the list of crimes in the attached Table I from the National Health Insurance Corporation, and the list II of crimes.