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The judgment of the court below is reversed.
Defendant
A and Defendant B shall be punished by a fine of KRW 45,00,000, and Defendant C shall be punished by a fine of KRW 20,000.
Reasons
1. The main point of the grounds for appeal is that the sentence of the lower court (the sentence of August and the suspended sentence of two years, the imprisonment of six months and the suspended sentence of two years, and the imprisonment of six months and the suspended sentence of two years) is too unreasonable.
2. The Defendants aiding and abetting the patients to commit insurance fraud by preparing false documents, etc., and defrauded medical care benefit costs from the National Health Insurance Corporation, etc.
Such crime is not considered to be less liability because it abusess the insurance system and causes damage to a large number of policyholders, and it lacks professional ethics of medical personnel or employees of medical institutions.
However, the Defendants recognized all the crimes of this case and divided them into depth.
The Defendants deposited the full amount of medical care benefit costs, etc. which were unfairly received prior to the pronouncement of the lower judgment, and the fact that the victims’ damages were recovered due to their original agreement by paying the amount of damages to the victim company of the crime of aiding and abetting insurance fraud, constitutes an element of sentencing favorable to the Defendants.
Defendant
A and Defendant B are the first offender who has no record of criminal punishment, and Defendant C has no record of crime exceeding the fine.
In addition, considering the Defendants’ age, character and conduct, criminal records, the period of and amount of damage to the instant crime, motive and background leading up to the instant crime, degree of involvement, degree of profit acquired from the instant crime, circumstances after the instant crime, etc., as a whole, the lower court’s punishment is deemed unreasonable by taking into account the following factors, and the equity in sentencing with the same crime in consideration of such circumstances.
3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the following decision is rendered again after pleading.
【Discretionary Judgment] Summary of Criminal facts and Evidence is recognized by this Court.