All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of the facts or misapprehension of the legal doctrine showed a situation where the Defendant was in need of hospitalized treatment because it was difficult for him to move due to a roat, etc., and the Defendant merely received hospitalized treatment according to a doctor’s diagnosis, but did not have been hospitalized for a longer period than the actual period necessary

Nevertheless, the judgment of the court below which recognized the establishment of fraud against the defendant is erroneous in the misunderstanding of facts or the misunderstanding of legal principles.

2) The sentence of the lower court’s improper sentencing is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. Determination

A. On this part of the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court explained the reasons in detail under the title of “determination on the Defendant’s and his defense counsel’s assertion,” and in addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, the Defendant acquired insurance proceeds from the victims by intensively purchasing multiple insurance products and by committing long-term hospitalization than the period required for actual treatment.

Therefore, the judgment of the court below is just, and it did not err by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.

(1) The defendant, after his spouse and divorce in 2003, has, on his own after his spouse and divorce, worked in a factory, etc., on a daily basis, or earned the amount of KRW 3 million from 1.2 million per month to 1.2 million while working in a restaurant, housework, housework, agricultural work, etc.

However, according to the certificate of income submitted by the Defendant, it is only known that the Defendant obtained the earned income of approximately KRW 3.4 million per year from around 2003 to around 2007 ( approximately KRW 3.6 million per month to KRW 6 million).

② On the other hand, the sum of the insurance premiums of each of the instant insurance contracts is with G AV insurance, the contract period of which expires in 248,958 won per month.