A. There is no criminal intent to obtain insurance money from mistake of facts, and the part where there was a need to actually be hospitalized shall be excluded from the money obtained by deception.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. The act of claiming insurance money without notifying the necessity of hospitalization on the ground that there is no need for hospitalization in the absence of the need for hospitalization, as well as the case where the substance of the treatment constitutes a long-term hospitalization beyond the necessary level by comprehensively determining the duration of stay in the hospital of determination of mistake, the patient’s symptoms, diagnosis and treatment details, and the patient’s behavior, etc.

(see, e.g., Supreme Court Decision 2007Do2941, Jun. 15, 2007). Also, there are grounds for payment of insurance proceeds.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

(See Supreme Court Decision 2008Do4665 Decided May 28, 2009, etc.). Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the Defendant repeated discharge of the Defendant on the ground that he had been exposed to 20 occasions during 4 years and 6 months from October 17, 2007 to April 20, 201, ② according to each medical adviser’s letter, “the Defendant appears to have been hospitalized for a longer period than the need for separate treatment or for need,” and ③ the Defendant was admitted to the purport that “the Defendant was unreasonably hospitalized to claim insurance money” from the investigative agency to the court of the court of the court below.