사기
The judgment of the court below is reversed.
Defendant
A and B shall be punished by imprisonment for one year, by imprisonment for six months, and by imprisonment for defendant C.
1. Summary of grounds for appeal;
A. In fact, the Defendants merely received hospitalized treatment according to the diagnosis and instruction of the doctor in charge because they do not actually have good health, and did not request the doctor in charge to give answers to the time of discharge or appeal for delayed change of the time of discharge.
Therefore, the defendants could not be seen as deceiving the damaged insurance company, and the defendants did not have the intent to acquire the insurance money by fraud.
Nevertheless, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts.
B. Each sentence (Defendant A, B: 1 year of imprisonment, Defendant C: 6 months of imprisonment and Defendant D: 8 months of imprisonment) sentenced by the lower court against the Defendants is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Hospitalization of relevant legal principles refers to the treatment under the observation and management of medical professionals while staying in a hospital for more than six hours according to the following provisions: (a) where continuous observation of medical professionals is necessary in relation to side effects or incidental effects of drugs low in resistance to, or administered by, the patient’s disease; (b) where the management of drugs and drinking food needs to be continuously conducted; (c) where the patient’s pain treatment is in a situation where the patient’s condition is unable to cope with the pain or where the patient’s risk of infection exists; and (d) where the patient resides in the hospital and receives treatment; and (e) where the patient is under the care and management of the medical professionals by comprehensively considering the patient’s symptoms, diagnosis and treatment procedures; and (e) the patient’s actions, etc., the patient’s appearance period and the patient’s symptoms, diagnosis and treatment procedures; and (e) there is no need for hospitalization.