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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one and half years.
Reasons
1. Summary of grounds for appeal;
A. Among the evidence submitted by the prosecutor of mistake of facts or misapprehension of legal principles, it is difficult to believe that the result of the review and evaluation by the Health Insurance Review and Assessment Service or A Q, which could be deemed that the defendant was excessively hospitalized, has no objectivity, and it is difficult to believe that the opinions of the principal doctor and the fact-finding inquiry, reply to the fact-finding, or medical record appraisal in the original trial are higher credibility. Accordingly, the defendant's improper hospitalization period is 139 days, and the amount of fraud is only 39
B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. As to the assertion of misunderstanding of facts or misunderstanding of legal principles, where continuous observation by a medical personnel is necessary in relation to side effects or incidental effects of drugs which are very low or invested in the patient’s disease, the management of the patient’s drinking foods and plants needs to be continued, so that the patient’s pains and treatment may cause inconvenience in treating the patient, or where the patient’s condition is unable to cope with the patient’s disease, or where there is danger of infection, etc., the patient suffers from treatment while staying in the hospital. As such, the Ministry of Health and Welfare’s announcement of the criteria and methods for the application of medical care benefits, means that the patient suffers from treatment under the observation and management of the medical personnel while staying in the hospital for more than 6 hours, but it is not possible to determine whether the patient was hospitalized only based on the patient’s symptoms, diagnosis and treatment, the details and circumstances of the patient’s treatment, and the patient’s actions.
There are reasons to receive insurance proceeds.
Even if it is paid excessive insurance money through long-term hospitalization, etc. with the intention to acquire a large amount of insurance money than the insurance money that can be actually paid.