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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment of “2. Fraud” among the facts charged in the instant case (amended facts charged) as follows. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.
[Revised charges] On December 1, 2016, the Defendant: (a) had a staff member in charge prepare a claim for medical care benefits based on false facts based on the F’s medical record record prepared by the aforementioned E Hospital as “1. A”; (b) sent the claim to the National Health Insurance Corporation; and (c) received 349,120 won (limited to KRW 20,750 in the name of the intensive care treatment expenses; c) from the damaged person under the name of the Defendant’s husband to the H Bank account (I) in the name of the Defendant’s husband; and (d) received the Defendant’s transfer of medical care benefits from July 24, 2014 to January 4, 2017 to the H Bank account (hereinafter “F”); and (e) received the aforementioned request for medical care benefits from the National Health Insurance Corporation’s false medical record prepared as the same; and (e) collected the aforementioned amount under the name of KRW 1.258,50 in the National Health Insurance Corporation Act from May 24, 2017.
Accordingly, the Defendant, by deceiving the victim, acquired a total of KRW 25,380,150.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by this court is "2. Ex officio judgment."