The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles (not guilty part of the judgment of the court below), the defendant can be found to have obtained insurance proceeds of KRW 10,648,338 from the victim by means of excessive hospitalization during the period from July 22, 2008 to September 8, 2008, as stated in this part of the facts charged, and acquired them by fraud. However, the court below erred by misapprehending the facts or by misapprehending the legal principles.

B. The sentence of unfair sentencing (one year of imprisonment, two years of suspended execution) of the lower court is too uneased and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty of this part of the facts charged on the ground that it is difficult to recognize that the Defendant received insurance money of KRW 10,648,338 from the victim by excessively hospitalized the victim for a period from July 22, 2008 to September 8, 2008 only based on the evidence submitted by the prosecutor, in light of the circumstances acknowledged by the evidence duly adopted and investigated.

In addition to the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by this court, the inquiry inquiry results with respect to BR, namely, ① the record that BR prepared a medical advisory statement unfavorable to the defendant in relation to this part of the facts charged at the victim’s request, making it difficult to maintain impartiality; ② The initial BR presented opinion that the necessity of hospitalization is not recognized even for hospitalization as stated in attached Table 1(5) of the court below’s decision, and the inquiry reply was submitted by this court that the diagnosis conducted against the defendant at the time of hospitalization as stated in paragraph 5 of the above Article cannot be deemed to be erroneous diagnosis.