The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

In this case.

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is that the prosecutor ex officio is guilty.

1.(c)

A. The part of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and fraud as stated in the Paragraph of the same Article is “a summary of this part of the charge” as stated in the Paragraph. This court applied for amendments to the indictment. Since the judgment was changed by permitting it, the part of the judgment of the court below as to the defendant cannot be maintained any more.

3. As seen earlier, the judgment of the court below is reversed, and the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is so decided as follows.

【Criminal facts and the summary of evidence admitted by this court for Defendant A】 Criminal facts of the lower judgment

1. As stated in A and B. The gist of the evidence is as follows: (a) and the summary of the evidence is as stated in the part of 2016 Gohap 222 among the summary of the evidence of the lower judgment; and (b) thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 87(1)2 and Article 33(2) of the former Medical Service Act (amended by Act No. 13658, Dec. 29, 2015); Article 30 of the Criminal Act (the establishment of a medical institution by non-medical personnel; choice of imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes; Article 347(1) of the Criminal Act (including fraud, including fraud)

1. The aggravated punishment for concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishment for each crime specified in the Act on the Aggravated Punishment, etc. of Specific Economic Crimes with heavy punishment is added];

1. Articles 53 and 55(1)3.