A. The judgment of the court below that found the defendant guilty on the ground that the defendant was hospitalized falsely or did not have intention to deception because he received hospitalized treatment due to an injury requiring hospitalized treatment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of fact, it can be sufficiently recognized that the Defendant, in fact, was a minor traffic accident that could achieve the purpose of medical treatment only by means of outpatient treatment, and that the Defendant, despite having received only medical treatment corresponding to outpatient treatment at the hospital as stated in the facts charged, by deceiving the victim insurance company to receive normal hospitalized treatment, and by deceiving the money as insurance proceeds

B. As to the wrongful assertion of sentencing, ① the fact that the Defendant has no record of punishment for the same kind of crime, that the Defendant was involved in a traffic accident, and that part of the treatment that was received by the instant hospital may be necessary for the purpose of treatment (Provided, That this is deemed to be a treatment to the extent substantially possible due to hospital treatment, and thus, it does not constitute an obstacle to the recognition of fraud as it is not recognized as the necessity of hospital treatment) is favorable circumstances.

② However, insurance fraud, such as the instant crime, as the instant crime, causes damage to a large number of good insurance policyholders by mediating an insurance company directly damaged, and thus requires strict punishment; the Defendant denied the instant crime even until the first instance trial; there is no evidence to acknowledge that the Defendant repaid the amount of damage caused by the instant crime; there is no additional change in circumstances that may be reflected in sentencing after the pronouncement of the lower judgment; and ③ the details, means, results, and consequences of the instant crime.