The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. In fact, misunderstanding of facts, the Defendant actually suffered from disease, such as sulpitis sulpitis and sulplate escape symptoms, etc., and it was impossible to provide medical treatment. While hospitalizations Nos. 13 through 59 and hospitalizations Nos. 340 through 355 of the attached Table 1 of the judgment below fall under the actual diagnosis of disease, sulpical treatment and recovery thereof, the court below erred in misunderstanding of facts, which determined all of them as fraud for the purpose of defraudation of insurance money.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

A. 1) In the event of a mistake of facts in the course of exercise of rights by means of deception, if such deception is to the extent that it is not acceptable as a means of exercise of rights under social norms, the act of exercising rights constitutes fraud. However, even if there are grounds for payment of insurance proceeds, if excessive insurance proceeds are paid through long-term hospitalization, etc. with an intention to acquire a large amount of insurance proceeds than the insurance proceeds that can be actually paid due toization, fraud is established against the total insurance proceeds received (see, e.g., Supreme Court Decision 2008Do465, May 28, 2009). In light of the above legal principles and the evidence duly adopted and investigated by the lower court, the lower court comprehensively takes into account the following circumstances, the Defendant’s act of exercise of rights and the deception belonging to such means, and the act of exercise of rights constitutes fraud.