Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged by deceiving the insurance company that is a victim and receiving insurance money from the above victims with false hospitalized treatment although there is no need to be hospitalized.

2. Determination

A. In a 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, the relevant legal doctrine refers to the patient's staying in a hospital and receiving treatment under the observation and management of a medical personnel when he/she needs to continuously observe the conditions of nutrition and the control of food and drink, and thus, it is necessary to ensure that the patient's pain is more inconvenience in treatment because the patient's condition is unable to cope with the patient's condition or where the patient's risk of infection exists, etc., and the patient suffers from treatment while staying in the hospital for more than six hours pursuant to all the provisions of the "detaileds on the criteria and method for the application of medical care benefits" as publicly notified by the Ministry of Health and Welfare, such as the period of stay in the hospital, the patient's symptoms, diagnosis and treatment of the patient, the patient's actions, etc., as well as the need for hospitalization, and thus, it is more necessary to have a medical doctor to mislead the patient even though there is no need for hospitalization.