A. Defendant 1) misunderstanding of facts merely received proper hospitalized treatment according to the doctor’s instructions during the period of hospitalization as stated in the facts constituting the crime of the lower judgment, and thus, fraud is not established. 2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and eight hours of community service order) is too unreasonable.

B. Prosecutor 1) The lower court convicted all of the frauds listed in the [Attachment 1] Nos. 1, 2, 3, and 7 of the List of Offenses Nos. 1, 2, 3, and 7 of the [Attachment 1] among the facts charged in the instant case of mistake of facts and misapprehension of legal principles, and the frauds listed in the [Attachment 2] Nos. 1, 1847 of the List of Offenses Nos. 2014 and 1, and 5 of the [Attachment 1847]. The lower court erred by misapprehending the legal doctrine, and thereby acquitted the Defendant. 2) The sentence of the lower court on unreasonable sentencing (eight months

2. Determination

A. 1 Relevant legal principles on the Defendant’s assertion of mistake of facts refer to the case where continuous observation by a medical personnel is necessary in relation to side effects or incidental effects of drugs which are very low in resistance to or are administered by the patient’s disease, where the management of medication and food is needed, and thus, the patient’s pains rather inconvenience is needed due to continuous implementation of medication, etc., or where the patient’s condition is unable to cope with the patient’s disease or where there is danger of infection, etc., the patient is receiving medical treatment while staying in the hospital. As such, the Ministry of Health and Welfare’s announcement under the medical personnel’s observation and management, such as “detaileds on the criteria and method for the application of medical care benefits,” as the patient stays in the hospital for more than 6 hours, the patient’s actual substance of medical treatment is determined by comprehensively considering the period of stay in the hospital, symptoms, the patient’s diagnosis and treatment details, the patient’s behavior, etc.