The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for four years.

1. On the first instance court’s judgment, the first instance court rendered a judgment of innocence as to the violation of the National Health Insurance Act among the facts charged, and rendered a judgment of conviction as to the remainder of the facts charged, and only the Defendant appealed for sentencing as to the guilty portion of the first instance judgment.

Therefore, since the part of the judgment of the court of first instance, which was not appealed by the defendant and the prosecutor, is separated and confirmed as it is, the part of the judgment of the court of first instance is excluded from the scope of the judgment of this court, and only the part of the judgment of the court

2. The sentence imposed by the lower court on the gist of the grounds of appeal is too heavy.

3. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Since each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act, the judgment of the court below which sentenced a separate punishment for each of the above offenses cannot be maintained.

4. Accordingly, 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 in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the addition of “the Defendant’s oral statement” to the column for the evidence of the first instance judgment, the same as the corresponding column of the judgment of the court below, and thus, the summary of the facts charged and the relevant evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the Criminal Act, Article 360(1) of the Criminal Act, and Article 70(1) of the Act on Financial Business Specializing in Credit.