A. The prosecutor 1) misunderstanding of facts or misunderstanding of legal principles does not restrict the method of acquiring the offender or interest. As such, inasmuch as the Defendants introduced AM hospital from the beginning to induce the Defendants to be hospitalized in AM hospital, the money received from AA is the consideration for inducing the establishment of a medical entrustment contract. Nevertheless, the lower court’s judgment that acquitted the Defendants of this part of the facts charged is erroneous by misapprehending the legal principles, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court on the Defendants is too uneasible and unreasonable

B. The sentence imposed by the lower court on the Defendants (three years of imprisonment with prison labor for Defendant A, and ten months of imprisonment with prison labor for Defendant B) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The summary of the facts charged of the violation of the Medical Service Act is that, in the course of carrying out insurance fraud, the Defendants conspired to choose Incheon AM Hospital as a hospital for long-term hospitalization and the issuance of a certificate of post-disabled disability to induce traffic accident participants to be hospitalized at the above hospital. On March 22, 2012, Defendant A subscribed to an insurance policy to receive KRW 300,000 per day, while Defendant B was present in company with Defendant B, Defendant A would be able to receive KRW 50,000 per day, and then be hospitalized at the hospital for 50 days if a traffic accident occurs. The Defendants issued a certificate of post-disabled disability diagnosis to receive KRW 150,00,000 at the hospital to receive KRW 150,000 if the surgery was conducted at the hospital, 30% would be changed if receiving the insurance proceeds on behalf of, and then, ordered AM Hospital to issue the certificate of injury to AM hospital for profit-making purpose after hospitalizing and issuing it to AM hospital.

B. The lower court determined that the Defendants solicited AA to take part in the insurance fraud crime, thereby purchasing an insurance policy and intentionally joining the insurance policy.