The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in this case, March 12, 2011.

1. Summary of grounds for appeal;

A. As to Defendant 1’s fraud due to a traffic accident as of March 12, 201 or misunderstanding of legal principles, the Defendant received normal hospitalized treatment from March 13, 2011 to April 26, 2011, and thus, the Defendant’s claim for and receipt of insurance benefits therefrom does not constitute fraud. Even if not, the above part of the insurance benefits can be divided into the part pertaining to the occurrence of a subsequent disability and the part pertaining to hospitalized treatment, etc., and the claim for and receipt of insurance benefits due to a subsequent disability are normally made. Therefore, this part is not a fraud. (2) Since the claim for and receipt of insurance benefits due to a subsequent disability is ordinarily made, this part does not constitute fraud. (2) The sentence (one year of imprisonment) imposed by the lower court on unreasonable

B. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. A. Around March 12, 2011, the summary of the facts charged pertaining to the fraud caused by a traffic accident on March 12, 2011, the Defendant shocked a front bank wall while driving D New Car on March 12, 2011, from the 19:45, Seo-dong, Seo-gu, Incheon.

The Defendant alleged that he/she suffered from injury, such as salt panion, etc., due to the foregoing traffic accident. From March 13, 201 to April 11, 201, the Defendant hospitalized the Defendant for 30 days between South-gu, Nam-gu, Incheon, for 30 days. From that time, the Defendant was hospitalized in the hospital for 183 days on the ground that he/she suffered from the injury due to the above traffic accident, as stated in the attached Table No. 1 to No. 5 of the List of Crimes, between October 2011 and around October 20, 2011, the Defendant was hospitalized for 48,736,700 won as insurance money from the victim post office around October 27, 201, and received KRW 146,146,700 as the insurance money of the above traffic accident from 8 insurance companies, the victim, as indicated in attached Table No. 1 to 5.

However, the defendant does not suffer serious injury and is hospitalized for 183 days as above.