Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles merely received hospitalization and treatment in accordance with the doctor’s prescription and instruction, and the recurrence rate reaches 60 to 80% falls under “inpatient treatment” when the Defendant took medication of accelerators, etc., and received physical therapy. The Defendant was introduced to the E Hospital to ensure it was well in cancer treatment by under the livering surgery, and the Defendant continued to receive treatment at this hospital. While the Defendant got out or going out of the hospital due to inevitable circumstances during the period of hospitalization, the Defendant claimed for the full amount of hospitalization and received the payment of hospitalization expenses from the victimized company. Accordingly, the Defendant did not deceiving the victimized company, and there was no intention to commit fraud. 2) The sentence imposed by the lower court of unfair sentencing (two years of suspended sentence in August) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The lower court asserted that the Defendant alleged mistake of facts or misapprehension of the legal doctrine also made the same purport in the lower court, and accordingly, on the following grounds: (i) the Defendant was diagnosed as liver cell cancer at N Hospital on January 16, 2013 and was hospitalized at E Hospital periodically after discharge on January 27, 2013; (ii) the Defendant was hospitalized on a total of 162 days from 2014 to 2017; and (iii) the Defendant was hospitalized on a total of 31 occasions; and (iv) the Defendant was hospitalized at N Hospital from January 27, 2013 to July 6, 2018 after he was discharged from N Hospital on a regular tracking observation, such as CTT filming or blood examination, but there was no possibility that the recurrence or transfer of liver cells cells was rehospitalized during the period of hospitalization at N Hospital; and (iv) there was no possibility that the Defendant could have been hospitalized or otherwise hospitalized.