The defendant's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant did not deceiving the insurance company as if he were hospitalized normally even though it was not necessary to receive the insurance money after he was hospitalized after having been hospitalized with blurie pain to the extent that the hospitalized treatment is necessary.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts and legal principles.

2. On March 4, 2013, the Defendant received medical treatment from D Council members “D Council members” located in Nam-gu Incheon Metropolitan City, Incheon, and hospitalized the said hospital for 15 days from March 18, 2013, and filed a claim for insurance proceeds with employees whose name of the Victim Co., Ltd. was unknown on April 18, 2013.

However, as above, the Defendant did not have to undergo long-term hospitalization, such as where he did not have any injury to the extent that he should be hospitalized for a long time, and frequenting out and staying out during the duration of hospitalization.

The Defendant, as such, by deceiving the victim, received KRW 1,350,000 from the victim under the pretext of insurance money.

In addition to this, the Defendant’s “D Council member” in attached Table 4 (1) is a clerical error in the F Hospital.

As indicated in the record, from March 4, 2013 to July 16, 2013, the above hospital and the “F hospital”, which is substantially the same medical institution, were hospitalized for 78 days, and then filed a claim for insurance money to the victims of the crime at least 20 times, and received a total of 19,921,031 won as insurance money.

3. Determination

A. In a case where continuous observation by a medical personnel is necessary in relation to the side effects or incidental effects of drugs, which are very low resistance to, or are administered by, the disease of the patient, and where the management of nutritional conditions and the foods ingested is necessary, it is necessary to continuously administer medication and treatment, and thus, the patient’s pains rather need to be treated.