The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court on the Defendant (two years of suspended sentence in August, and one hundred and twenty hours of community service) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the lower court applied Article 115(2)5 of the current National Health Insurance Act to the violation of the National Health Insurance Act among the facts constituting the crime indicated in the judgment.

However, Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016; hereinafter the same) was amended by Article 115(3)5 of the National Health Insurance Act on March 22, 2016, and was in force on September 23, 2016, with respect to the above criminal facts committed prior to the enforcement of the said Act, Article 115(2)5 of the former National Health Insurance Act (amended by Act No. 14084, Mar. 22, 2016; hereinafter the same) should be applied to the criminal facts committed prior to the enforcement of the said Act. In this regard, the lower judgment was no longer

3. If so, 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 it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 115 subparag. 5 of the former National Health Insurance Act (amended by Act No. 11555, Feb. 5, 199); Article 37 subparag. 10 of the Resident Registration Act (amended by Act No. 2016, Feb. 1, 2006); and each sentence of imprisonment with labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order are illegal.