A. The court below found the defendant guilty of the facts charged in this case, although the defendant merely received treatment by being hospitalized in the oriental medical hospital C, and the defendant did not have acquired insurance money by insurance fraud. The court below erred in the misapprehension of facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In a case where continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs, which have low resistance to, or are administered by, a patient’s disease, the determination of the assertion of mistake, etc. refers to where the patient suffers from medical treatment under the observation and management of a medical personnel when he/she stays in a hospital for at least six hours in accordance with the provisions of “detaileds on the criteria and methods for the application of the Medical Care Benefits”, which are published by the Ministry of Health and Welfare, where the patient is in a state where the patient’s condition is unable to cope with, or where the patient is in a state where he/she is in danger of infection, etc., and where the patient suffers from medical care while staying in a hospital for at least six hours.

Therefore, there is a need for hospital treatment to the doctor, even though there is no need for hospital treatment, as well as the case where the substance of hospital treatment corresponds to hospital treatment rather than hospital treatment, by comprehensively assessing the patient’s symptoms, diagnosis and treatment, the details and circumstances, and the patient’s behavior.

The act of claiming insurance proceeds by asserting that the insurance company satisfies the hospitalization period stipulated in the terms and conditions of the insurance contract without notifying the insurance company of the case of a long-term hospitalization, which is more necessary or more, constitutes deception of fraud (see Supreme Court Decision 2014Do5063, Jul. 24, 2014, etc.). another insurance proceeds shall be paid.