The prosecutor's appeal against the Defendants is dismissed.

1. The summary of the grounds for appeal is that each of the punishments (two and half years of imprisonment with prison labor for Defendant A, four years of suspended execution, one and half years of imprisonment with prison labor for Defendant B, three years of suspended execution with prison labor for Defendant B) declared by the lower court against the Defendants is unreasonable compared to the extent of the Defendants’ responsibility.

2. The fact that the period of the instant crime is a long-term period, and the Defendants are legally evaluated as receiving a large amount of medical care benefits, and that the Defendants were punished several times due to the same crime is disadvantageous to the Defendants.

However, considering the fact that the Defendants led to the confession of all the crimes and divided the mistakes, the manufacture of medicine in relation to the claim for medical care benefits seems to have been done by Defendant B, a pharmacist, and the damage actually suffered by the Victim Health Insurance Corporation is likely to considerably exceed the amount of fraud, and the crime of the same kind committed in the course of the crime in this case is not considered as the history of other crimes unrelated to the crime in this case, in addition to taking into account various favorable circumstances for the Defendants, and that the court below determined the punishment according to the jury’s sentencing opinion following the citizen participation trial, even if considering the unfavorable circumstances against the Defendants, the court below exceeded the limit of the sentencing discretion, and sentenced the Defendants unfairly minor punishment.

It is difficult to evaluate.

We do not accept the prosecutor's unfair argument of sentencing.

3. According to the conclusion, the prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal against the Defendants is groundless. It is so decided as per Disposition.