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All the judgment of the court below (including the portion not guilty) shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. In full view of the evidence submitted by the prosecutor as to the acquittal portion of the judgment of the court below, which is erroneous in the misunderstanding of facts or in the misapprehension of legal principles, the court below erred by misapprehending the legal principles or misapprehending the legal principles, even though the defendant could fully recognize that the defendant deceptioned the Corporation as stated in the facts charged, and acquired money in the name of insurance benefits by deceiving the victim as stated in each part of the facts charged, as well as by misapprehending the legal principles.
2) The lower court’s sentence (one year of imprisonment) against an unfair defendant in sentencing is too unhued and unreasonable.
B. The above sentence of the lower court against the Defendant (unfair sentencing) is too unreasonable.
2. Judgment on the grounds for appeal by the prosecutor
A. Attached Form
1. As to the prosecutor’s assertion of misunderstanding the facts or misapprehension of the legal doctrine on the non-guilty portion of the crime sight table, the Defendant in this part of the facts charged at the B office around May 2013, and at the B office around 2013, 5 persons such as the medical care assistance company V did not provide the recipients with visiting medical care, the Defendant claimed false care benefits by accessing the information system of the Corporation as if he provided the services in the records of long-term care benefits, and then, the Defendant received KRW 18,200,870 from May 2013 to February 2015, the Defendant received payment from the employee in charge of care benefits to the sum of KRW 18,20,870 from May 2013 to February 2015.
2) The lower court found the Defendant not guilty of this part of the charges on the grounds of the witness V’s legal statement that partially provided visit medical care.
B) In full view of the following circumstances revealed through evidence duly adopted and examined by the lower court, the Defendant knew that V did not visit and receive medical care as stated in this part of the facts charged, and even though he knew that the Defendant did not do so, the Victim.