The request of the applicant for compensation shall be dismissed.

A. In fact, the Defendant, misunderstanding of the legal principles, was actually in need of hospitalized treatment due to extremely poor health conditions, and the Defendant did not receive hospitalized treatment for the purpose of deceiving the insurance company and deceiving the insurance company.

Nevertheless, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The sentence of the lower court (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding the facts and misapprehension of the legal doctrine was based on the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in light of the legal doctrine as stated in its reasoning, the Defendant claimed excessive long-term hospitalization and the insurance proceeds excessively as if the Defendant were hospitalized.

It is reasonable to see that the defendant's intention of deception and deception is recognized.

A) The annual income of the Defendant from 2011 to 2014 is between approximately KRW 4.26 million and KRW 1,055 million, and the Defendant has no particular property and bears approximately KRW 30 million for obligations.

Defendant

Even though the income of family is all the incomes earned by the defendant and the husband of the defendant due to construction work, the defendant is paying approximately KRW 3 million monthly insurance premium.

From around 2004, the Defendant maintained approximately 18-20 insurance contracts, and most of its coverage are similar.

B) The Defendant hospitalized approximately 840 days from around 2007 to around 2015. Among them, most of the cases of hospitalization in the daily list of crimes attached to the lower court, namely, “finites and tensions of the bones”, “bins”, and “high blood pressure” as the main symptoms of the Defendant’s appeal for pain. Most of the results of the examination, there were no special factors as a result of the examination, and the treatment was conducted first of all, with the preservation pharmacologic and physical therapy.

C) G is the Defendant’s.