All appeals filed by the prosecutor against the Defendants are dismissed.

1. In full view of the following: (a) the details of the Defendants’ purchase of insurance policies, the details of hospitalization, the results of the Health Insurance Review Evaluation Board’s review on the summary of the grounds for appeal revealed by the evidence submitted by the Prosecutor; and (b) the statements made by the Prosecution B; and (c) the results of civil litigation against Defendant A, the Defendants

However, the court below found the Defendants not guilty on the ground that it is difficult to recognize the criminal intent by deceiving the Defendants, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged is as follows: Defendant B and Defendant A married around 1991 but divorced by agreement around 2001.

The Defendants, when entering into a large number of insurance policies for which daily allowances for hospitalization are paid, have believed the necessity of hospitalization for the insured, the appropriateness of the period of hospitalization, and only the medical certificate and the confirmation document issued by the hospital to pay the insured insurance money to the insured, using the physiological and terms and conditions of the insurance company. However, the Defendants were able to receive insurance money by means of hospitalization or hospitalization exceeding the adequate period of hospitalization, etc., even though they are minor diseases of their own and did not require hospital treatment due to sufficient requirements for hospital treatment.

A. Defendant B was hospitalized in the D convalescent hospital located in Macheon-si on October 29, 2007 as a result of the diagnosis of urine disease. Although the hospitalized treatment was appropriate for 14 days, Defendant B was hospitalized in excess of 31 days until November 28, 2007 in order to get out of insurance money due to excess hospitalization, and filed a claim for insurance money with C Life Insurance Co., Ltd. on or around November 29, 2007 and received 9.60,000 won of insurance money on December 24, 2007 in the above manner, and seven times in total from October 29, 2007 to October 8, 2014, Defendant B, including C Life Insurance Co., Ltd. in the future of the victim.