A. misunderstanding of facts and misunderstanding of legal principles only received hospitalized treatment according to the medical opinion of the doctor in charge, and the defendant did not receive insurance money by deceiving the insurance company that is the victim about the necessity of hospitalized treatment, the degree of hospitalization period, etc., and did not intend to commit fraud.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts and misapprehension of legal principles on the assertion of facts

Whether hospitalization is necessary can not be determined on the basis of the time of stay in the hospitalization room, and it should be determined on the basis of the symptoms, diagnosis and treatment of the patient, the details and circumstances of the treatment, and the

If the content or purpose of the treatment received by a patient can sufficiently be achieved due to the treatment, it shall be deemed as the treatment rather than the treatment, and the substance of the treatment shall not be the treatment, but the treatment shall be deemed as the treatment for outpatients, and as well as the case where the doctor makes a long-term hospitalization more than necessary on the ground that there is no need for hospitalization, without notifying the necessity of hospitalization, the act of claiming insurance money by asserting that the insurance company satisfied the hospitalization period stipulated in the insurance terms and conditions, constitutes deception in fraud.

insurance money may also be paid.