The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. In fact, the defendant, alone, was suffering from brain tension, and the defendant received long-term hospitalized treatment due to the relationship that it is difficult for him to walk and there is no family member living together at the time, so the defendant did not have the intention to obtain insurance money.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In the event of the exercise of rights by means of deception, the act belonging to the exercise of rights and the deception belonging to the said means are comprehensively observed, and if such deception cannot be acceptable as a means of exercise by social norms, the act belonging to the exercise of rights constitutes fraud.

In addition, there are reasons to receive insurance proceeds.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

(See Supreme Court Decision 2008Do4665 Decided May 28, 2009). B.

Judgment

In light of the above legal principles, this case is examined.

The court below duly adopted and examined the following circumstances, namely, ① intensive rehabilitation treatment is required at least twice a day for one year after the outbreak of cerebrovascular patients; ② rehabilitation treatment through hospitalization is provided once a day between one year and two years; and thereafter, if deemed necessary by a physician as a maintenance period. The defendant hospitalized only 34 days in total for 202, and 75 days in total for 203 years after the outbreak of cerebrovascular, and began to be hospitalized for a long period exceeding 120 days in 204 and 180 days since 2004 after the outbreak.