A. In fact, misunderstanding of the legal principles or misunderstanding of the fact 1) Defendant A suffered from urology of severe disease, and thus, Defendant A was hospitalized only for preservation treatment and not for the purpose of fraud to have G convalescent hospital receive medical care expenses.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in the misapprehension of legal principles.

2) Defendant C did not receive insurance money from the insurance company with the criminal intent of defraudation because there was a need for actual hospitalized treatment such as follow-up treatment after receiving liver surgery due to liver cancer.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence (Defendant A: a fine of KRW 5 million, Defendant C: a fine of KRW 7 million) against the illegal Defendants is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts or misapprehension of the legal doctrine 1) Defendant A had no specific open place to the extent of receiving hospitalized treatment, thereby having the victim’s national health insurance corporation obtained money from the Korea National Health Insurance Corporation for the purpose of registering himself as a patient at a G convalescent hospital, by means of registering him as a patient at a hospital.

From May 9, 2014 to November 17, 2014, the Defendant filed a claim for medical care benefit and travel expenses by allowing an employee in charge of the name in the said G convalescent to enter the false details that he/she received medical treatment during the period of hospitalization into the computer network connected with the KET, after registering himself/herself as a patient in the said G convalescent hospital. On November 17, 2014, the Defendant filed a claim for medical care benefit and travel expenses.

However, the Defendant did not have received proper hospitalized treatment, such as taking out drugs prescribed by other hospitals without any drugs prescribed by the above hospital, and frequently going out of the hospital.

Nevertheless, the defendant deceivings the victim as above.