A. In regard to insurance fraud by mistake or misunderstanding of legal principles, the Defendant considered that the medical team was in need of hospital treatment and did not have been hospitalized even though hospital treatment is unnecessary.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged as a result of the lower court’s examination of evidence on the assertion of misunderstanding of facts or misunderstanding of legal principles, the Defendant seems to have received excessive insurance proceeds through long-term hospitalization with intent to acquire large amount insurance proceeds

This part of the defendant's assertion is not accepted.

1) As indicated in the facts of the lower judgment, the Defendant subscribed to the insurance that is similar to the short-term coverage, which seems to be somewhat excessive insurance premiums in light of the Defendant’s property status at the time of entering into the insurance policy. (2) According to the insurance terms and conditions concluded with the victim B Co., Ltd., the insurance proceeds up to 120 days of hospitalization for the same disease. The 180 days thereafter did not pay the insurance proceeds even if the Defendant was hospitalized for the same disease as the previous disease during the exemption period, and paid the insurance proceeds up to 120 days

However, the Defendant: (a) moved to and hospitalized a hospital until 120 days prior to the date of guaranteeing the payment of insurance proceeds; (b) did not receive hospital treatment for 180 days, which is the period during which no insurance proceeds are paid thereafter; and (c) repeated entrance and discharge by way of receiving hospital treatment again after the lapse of 180 days.

At the time of discharge, the Defendant transferred to another hospital on the day of discharge, even though he was in a state of “easure” or “recure.”

3 According to the results of S's appraisal of the medical records of the defendant, the defendant is on the medical records.