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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although Defendant - the National Health Insurance Corporation, by misapprehending the legal doctrine, became aware of the Defendant’s crime of violation of the Medical Service Act from around August 2014, the National Health Insurance Corporation paid the amount of KRW 1,152,539,920, the sum of KRW 1,282,960, and KRW 260,282,82,880, and medical care benefit costs to the E medical life cooperation until June 2015. This constitutes a case where the National Health Insurance Corporation impliedly consented to the act of infringing the victim’s legal interests, the Defendant’s fraud of the above amount is dismissed.
Therefore, the judgment of the court below, on the premise that the amount of deception obtained is KRW 5,071,850,980, is considered as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), is erroneous in the misapprehension of the legal principles on the prevention of illegality and calculation of the amount of
B. Both parties - The sentence of the lower court that is unfair in sentencing (two years and six months of imprisonment) is too heavy or unreasonable.
2. The grounds cited by the Defendant alone cannot be said to constitute the illegality of the Defendant’s fraud crime. In full view of the factors and sentencing guidelines that constitute the conditions of the sentencing specified in the lower court’s sentencing hearing, the lower court’s sentencing judgment that deemed the Defendant as the primary sentencing factor in the instant crime, including the nature of the crime and the criminal justice, the general harmful effects of the office hall, the amount of fraud, the recovery of damage, the normal medical treatment by the medical personnel, the Defendant’s substantial interest, the reflectivity of the Defendant, and the record of the crime, exceeded the reasonable bounds of the discretion.
It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.
3. According to the conclusion, all appeals filed by the defendant and the prosecutor are dismissed (Article 364(4) of the Criminal Procedure Act).