A. In fact, the Defendant, at the time of misunderstanding of the legal principles, obtained a normal hospitalization treatment at each of the instant hospitals according to the professional judgment of the doctor in charge, by deceiving the victim insurance companies.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment, two years of suspended sentence, and eight hours of community service) is too unreasonable.

2. Determination on the misapprehension of facts and misapprehension of legal principles

A. The term “hospitalize” refers to a case where continuous observation by a medical staff is required with respect to side effects or incidental effects of a patient’s disease which are very low resistance or that of the patient’s disease, where the management of nutritional conditions and food in-take needs to be conducted continuously, and thus, the patient’s pains rather inconvenience in treatment is needed, or where the patient’s condition is unable to cope with the patient’s disease or where the patient’s risk of infection exists. As such, the determination of whether to be hospitalized is possible based on the patient’s sojourn period, and the patient’s symptoms, diagnosis and treatment, details and circumstance of the patient’s treatment, and the patient’s behavior, etc. shall be based on the patient’s symptoms, diagnosis and treatment, and the patient’s behavior, etc. shall be determined based on the patient’s symptoms, diagnosis and treatment, if the contents and purpose of the treatment received by the patient can be sufficiently achieved due to the patient’s outpatient treatment, it shall be deemed to be an outpatient treatment rather than the patient’s treatment.

The act of claiming insurance money by asserting that the insurance company satisfies the hospitalization period stipulated in the terms and conditions of the insurance contract without notifying the case of long-term hospitalization, which is more necessary, constitutes deception in fraud, and the reason for receiving insurance money can be paid.