An application for compensation by an applicant for compensation filed in the appellate court shall be dismissed.

A. The Defendant (misunderstanding the facts, and guilty part of the judgment below) merely received hospitalization for a proper period of time due to the lack of actual health, and did not deceiving the victim insurance companies, and did not intend to commit fraud of insurance money.

(b) Wrongful sentencing by prosecutors (the sentence of the lower court: 10 months of imprisonment, 2 years of suspended execution, and 80 hours of community service);

2. Scope of adjudication of this court;

A. Of the facts charged in the instant case, the lower court rendered a judgment of partially not guilty on the charge of the second fraud No. 21 of the annexed crime list among the charges in the instant case, and since the prosecutor did not file an appeal, the said part was separately determined and excluded from the subject matter of the instant judgment.

B. The lower court rejected an application for compensation filed by the non-life insurance company for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation did not file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation was immediately finalized.

Therefore, the dismissal part of the judgment of the court below is excluded from the scope of adjudication of this court.

3. Determination

A. As to the Defendant’s assertion of mistake of facts, the Defendant also asserted the same purport in the lower court.

As to this, the lower court, based on the evidence duly admitted and investigated, re-hospitalized for an unnecessary long time, even if the Defendant did not need hospital treatment and could sufficiently treat the patient due to hospital treatment, based on the circumstances indicated in its reasoning.

Thus, it is reasonable to view that the defendant's act of claiming insurance money after meeting the hospitalization period stipulated in the terms and conditions of the insurance constitutes deception.

The decision was determined.

2) In addition, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the Defendant received hospitalized treatment for a disease that could receive outpatient treatment.