A. The fact-misunderstanding or misapprehension of legal principles that a defendant received hospitalized treatment is conducted within an appropriate scope upon the recommendation of a medical institution, and the defendant does 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 (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine was based on the evidence duly admitted and investigated as follows in light of the legal doctrine as indicated in the reasoning of the judgment, the Defendant claimed the insurance money as if the Defendant was hospitalized in a situation where the hospitalization is unnecessary or exceeds the adequate number of days of hospitalization, even if the Defendant was hospitalized.

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

A) Reviewing the Defendant’s medical record and the health insurance review board’s adequacy of the hospitalization of the Defendant’s health insurance evaluation board, the following results were revealed: (a) the Defendant’s contents of the hospitalization revealed that there were many general and unspecified forms of hospitalization, such as re-hospitalizeing the Defendant into another hospital under the same type of disease as long as it was long after being treated at a specific hospital and discharged from the hospital; or (b) repeating the admission and discharge from a specific hospital under the same type of disease on several occasions; (c) the Defendant was hospitalized in the absence of medical treatment or special details necessary for hospitalization; or (d) hospitalized in excess

B) The Defendant focuses on several occasions from around December 2008 (at the time, three insurance contracts were concluded, and thereafter, he purchased the same kind of insurance on September 14, 2010, and October 21, 2010).