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The prosecutor's appeal is dismissed.
Reasons
1. The judgment of the court below which acquitted the defendant on the ground that the defendant did not have the intention of deception or deception, even if the defendant had sufficiently recognized the fact that he received unnecessary hospitalization or hospitalization over a long period exceeding the necessary hospitalization with the intent to receive insurance money, in full view of the behavior of the defendant throughout the entire process of the case, the contents of advice based on the defendant's medical records, etc., was erroneous in the misapprehension
2. Of the facts charged in the instant case, the Defendant was provided with insurance proceeds by false hospitalization even though it was possible to provide medical treatment without hospitalization because there was no special opinion in addition to early decline and salt, or even if it was a situation in which long-term hospitalization was not required.
However, in a case where the patient may choose the hospital and the hospital, but the patient is more reasonable than the hospital, the patient is obligated to choose the hospital and the hospital and the patient is obliged to choose the hospital and the hospital and the hospital are under the good faith principle.
Therefore, it cannot be said that there is no need for hospital treatment solely on the ground that the patient’s hospital treatment is more rational, and if the insurance money was paid excessively, this is a matter that the insurance company should impose restrictions on the payment of the insurance premium under the insurance contract, such as the terms and conditions of insurance, etc., and cannot be subject to criminal punishment. In such a case, the patient selected the hospital treatment
The insurer can not be viewed as deceiving the insurer.
To be recognized as deception, the patient should be recognized as being hospitalized through an act contrary to the good faith, such as deceptive scheme or deception, for the purpose of unrelated to treatment, even though there is no need to be hospitalized to the extent that it could entirely exclude the necessity of hospital treatment for the patient.