The defendant's appeal is dismissed.

The sentence of the court below (one year of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

Judgment

The defendant recovered 10 million won, which is a part of the money acquired through deception, in the first instance trial, and fulfilled the joint defendant C who recovered the amount of damage in the original trial with a claim of KRW 10 million.

It is recognized that there is no record of criminal punishment exceeding the same criminal record or fine.

However, since the act of opening a medical institution by a person, other than medical personnel, is likely to have a serious impact on the body and health of the people, it is necessary to impose strict punishment corresponding thereto. The crime of fraud in this case is committed by deceiving the benefits of medical care from the National Health Insurance Corporation while operating the medical institution established by the defendant who is not a medical personnel for a long time in collusion with the defendants, which is not a medical personnel. This is an offense that disturbs the health and medical order of the people and worsens the financial burden of the National Health Insurance Corporation, thereby causing serious punishment to increase the burden of the people. The defendant operated a medical institution for a period of one year and four months, and the sum of the sum of the amount obtained by deception of the National Health Insurance Corporation exceeds 20 million won.

In full view of the above circumstances and the circumstances of the crime of this case, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., the court below's punishment is too excessive and it is not recognized that the defendant's assertion is unfair, and thus, is without merit.

Therefore, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition by the lower court (Article 87(1)2 of the Medical Service Act). However, each of the 2,4, and 8 acts in the application of the statutes of the lower judgment is deemed as follows: “Article 87(1)2 of the former Medical Service Act (amended by Act No. 13599, Dec. 22, 2015).”