The judgment of the court below is reversed.

The accused shall disclose the summary of the judgment of innocence.

The court below found Defendant guilty of this part of the charges of this case on the ground that Defendant did not conduct a general physical examination on the violation of the National Health Insurance Act regarding G, although it did not report false facts as if it conducted a general physical examination.

Prosecutor: The lower court acquitted Defendant on the charge of violation of the National Health Insurance Act regarding C among the facts charged in the instant case, and violation of the National Health Insurance Act regarding D, despite the fact that it could be found guilty based on the evidence submitted by the Prosecutor.

Sentencing : The sentence of the court below (one million won in penalty) against the defendant is too unhued and unfair.

The summary of the facts charged in the instant case is a person who operates a F Council member in Seo-gu Busan, and around August 4, 2012, G undergo only a seafarers’ physical examination and received a general health examination, despite the absence of such fact, G reported to the National Health Insurance Corporation as if it had undergone a general health examination, and received insurance benefits of KRW 34,320 by unlawful means.

Although the Defendant provided physical treatment to C as a traffic accident on September 26, 2012, the Defendant reported that C had received general health examinations to the National Health Insurance Corporation, and received insurance benefits of KRW 34,320 by unlawful means.

Notwithstanding the absence of the fact that the Defendant was a member of the National Health Insurance Corporation as indicated in D around December 31, 2012, the Defendant reported to the National Health Insurance Corporation as if he/she had received a general health examination, and received insurance benefits of KRW 34,320 by unlawful means.

The former National Health Insurance Act (amended by Act No. 11787, May 22, 2013) amended to the National Health Insurance Act (amended by Act No. 11787, May 2, 2013) provides that a person who received insurance benefits by transferring or lending the health insurance card or identification certificate, or by transferring or lending the health insurance card or identification certificate.