The judgment below

Among the guilty parts and the innocent parts, the number of crimes Nos. 9 in the attached Table of the judgment of the court below is the second fraud.

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles are cited on the grounds of appeal. misunderstanding of legal principles is based on the misapprehension of legal principles as to fraud by the court of the original instance, which led to the misapprehension of the legal principles as to fraud, and as a whole, it can be viewed as a mistake of facts. Thus

The defendant suffering from the defendant shall be referred to as "the list of crimes in attached Form 1 (hereinafter referred to as "the list of crimes in attached Form 1)."

The various injuries and diseases in the Nos. 3 through 8, 10 through 24 and in the name of the second time soldier were very serious, and there was a need for hospitalized treatment as well as there was no imminent external appearance except several times during the duration of hospitalization. Thus, the Defendant acquired insurance proceeds by deceit even though there was no need for hospitalized treatment or there was no substantial need for hospitalized treatment.

shall not be deemed to exist.

Even if the defendant acquired insurance proceeds through unnecessary hospitalized treatment, etc.

Even if the amount of fraud shall be limited to KRW 9,060,000 in total of the insurance proceeds received as hospitalization expenses.

2) The punishment of the lower court is too heavy.

B. According to the prosecutor 1) According to the various evidences of fact-misunderstanding, with regard to the fact that the Defendant was hospitalized in the left-hand knee type or the protruding signboard disorder, etc. with respect to the fact that the Defendant committed frauds 1, 2, and 9 in the annexed crime list Nos. 1, 2, and 9, it is recognized that he received insurance money by claiming insurance money.

2) Undue sentence of the lower court is too minor.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the following circumstances, such as the reasoning of the lower judgment, which were duly admitted and investigated by the evidence duly admitted and investigated by the lower court, were not required to give rise to urgent surgery or continuous medication on the Defendant’s disease or injury as stated in the lower judgment.