The judgment below

The part concerning the Defendants is reversed.

Defendant

A Imprisonment for one year, and each of the defendants C and D shall be punished.

1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment; one year of imprisonment; two years of suspended sentence in October; two years of suspended sentence in community service and 120 hours) is too unreasonable.

2. The Defendants’ crime of fraud is very disadvantageous to commit the crime by obtaining the benefits of medical care from the National Health Insurance Corporation by inducing false hospitalization patients while operating the “J Council member” and by falsely preparing a medical record of patients.

In addition, Defendant A’s crime of violation of the Medical Service Act was subject to investigation on the ground that the above Defendant, a doctor, opened and opened another member of the Council, only the nominal owner of the said Defendant, to avoid liability, and opened and operated another member of the Council. The crime brought about the result of Defendant A’s failure to reveal himself/herself and preventing the instant fraud in the “J Council member,” which ultimately infringes on the purport of the Medical Service Act prohibiting the duplicate establishment of medical institutions to prevent any damage to the public nature of medical service due to excessive pursuit of profit-making.

Defendant

A is a substantial operator of the J Council member, and its responsibility is the largest, and Defendant C takes overall charge of the duties of the “J Council member” according to Defendant A’s instructions. This is not less complicated in that Defendant C takes overall charge of the duties of the “J Council member.”

In addition, prior to the instant crime, Defendant D committed the same kind of crime in another member.

On the other hand, the defendants have the attitude to recognize and reflect all their crimes.

Defendant

A and D have no record of punishment for the same crime before the crime of this case was committed (the defendant A has been punished twice for the crime of violation of the Medical Service Act, but its nature differs from this case), and the defendant C has no record of crime.