Defendants shall be punished by a fine of two million won.

The above fine shall not be paid by the Defendants.

It is unreasonable to individually determine the criminal intent of defraudation according to the patient's body condition after having been issued the same physical treatment and prescription for all patients hospitalized in the instant hospital.

Since the instant hospital was a serious patient and failed to provide medical treatment, it is reasonable for the Defendants to not be hospitalized in the instant hospital, as claimed by the Defendants, even though they were in a serious state to the extent that the surgery is needed, the Defendants continued to be hospitalized in the instant hospital.

In addition, in light of the fact that the Defendants received an operation at another hospital and received hospital treatment only, but immediately after the operation, it is not immediately hospitalized in the instant hospital, etc., the Defendants are clearly admitted to the crime of defraudation.

Nevertheless, the judgment of the court below that acquitted the Defendants is erroneous in the misapprehension of facts.

2. The summary of the facts charged of the instant case is a hospital operated normally, such as facilitating entry, discharge, and unauthorized going out of the hospital to the so-called office hospital, and ensuring the confirmation of hospitalization for the patients even if the hospital did not actually be hospitalized.

A. Defendant A filed a claim for insurance proceeds with the victim Samsung Life Insurance Co., Ltd. on the ground that he/she was hospitalized in the instant hospital from January 6, 2014 to January 27, 2014. However, Defendant A had not received normal hospitalized treatment, such as frequently going outside the hospital during the aforementioned period. Defendant A, as seen above, deceiving the victim and received KRW 950,000 from the victim for the purpose of hospitalization around February 10, 2014, and received KRW 950,000 from the victim.