A. The Defendant, at the time of being aware of the fact, was hospitalized in each of the instant hospitals and received normal treatment.

Therefore, the defendant acquired insurance money by deceiving victim insurance companies.

shall not be deemed to exist.

B. The sentence of the lower court’s unfair sentencing (one year and six months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The term “hospitalize” refers to a case where continuous observation by a medical staff is required with respect to side effects or incidental effects of a patient’s disease which are very low resistance or that of the patient’s disease, where the management of nutritional conditions and food in-take needs to be conducted continuously, and thus, the patient’s pains rather inconvenience in treatment is needed, or where the patient’s condition is unable to cope with the patient’s disease or where the patient’s risk of infection exists. As such, the determination of whether to be hospitalized is possible based on the patient’s sojourn period, and the patient’s symptoms, diagnosis and treatment, details and circumstance of the patient’s treatment, and the patient’s behavior, etc. shall be based on the patient’s symptoms, diagnosis and treatment, and the patient’s behavior, etc. shall be determined based on the patient’s symptoms, diagnosis and treatment, if the contents and purpose of the treatment received by the patient can be sufficiently achieved due to the patient’s outpatient treatment, it shall be deemed to be an outpatient treatment rather than the patient’s treatment.

The act of claiming insurance money by asserting that the insurance company satisfies the hospitalization period stipulated in the terms and conditions of the insurance contract without notifying the case of a long-term hospitalization more than necessary to mislead the insurance company, constitutes deception in the crime of fraud, and even if there is any reason to receive insurance money, it can be actually paid.