Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by a fine of one million won.

Defendant

B.

A. Defendant B (1) misunderstanding of facts) Defendant B merely received treatment by actually hospitalized according to the doctor’s diagnosis, and there was no need for hospitalized treatment at a hospital, and there was no possibility of deceiving the insurance company and by deceiving the insurance company. Nevertheless, the judgment of the court below which found Defendant B guilty of the facts charged against Defendant B is erroneous in the misapprehension of facts. 2) The judgment of the court below which found the Defendant B guilty of unfair sentencing (2 million won) is too unreasonable.

B. The judgment of the court below which acquitted the defendant A while the prosecutor acknowledged the fact that the insurance company had taken care of the insurance money by deceiving the insurance company after being hospitalized in the hospital although there is no need for hospitalized treatment.

2. Determination

A. As to the allegation of mistake of facts regarding Defendant B’s assertion of the same purport as the grounds for appeal by Defendant B, the lower court determined that, in light of the following: (a) under the title of “determination on the assertion of Defendant B and the defense counsel to the effect of denying the intention of committing a crime by taking advantage of the evidence duly admitted and investigated by the lower court; (b) the assistant nurse of the D Hospital hospitalized by Defendant B stated that the above Defendant was not a hospitalized patient; (c) the assistant nurse of the D Hospital hospitalized by Defendant B was voluntarily hospitalized during the hospitalization period; (d) the Defendant B was sent out during the period of hospitalization; (c) the telephone call was made at the location where the hospital had a considerable distance from the hospital; and (d) the preservation was only taken place during the hospitalization period; and (e) the Defendant B could sufficiently recognize the fact of deceiving the insurance company as if he was hospitalized in the hospital or was actually hospitalized without being properly hospitalized; and (e) the facts charged against the Defendant B.