The part concerning the first and second crimes in the judgment of the court of first instance and the second judgment shall be reversed respectively.

The first instance court held that the defendant is the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (crimes No. 1, 2, and attempted fraud as indicated in the judgment of the court below, and frauds as indicated in the judgment of the court below), the defendant actually received hospitalized treatment because his body needs to be hospitalized, and there was no intention to obtain insurance money as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing ( ① 2 years of imprisonment with prison labor for the crimes No. 1 and 2 in its holding, and 3 years of imprisonment with prison labor for the crimes No. 1 and 2 in its holding, and ② 2 months of imprisonment with prison labor for the second instance court) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

The judgment of the court of first instance and the judgment of the court of second instance were pronounced to the defendant, and the defendant filed an appeal respectively, and the court decided to jointly examine the above two appeals cases.

Since the crime of frauds Nos. 1 and 2 of the judgment of the court below and the crime of attempted fraud in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment shall be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second crimes of the judgment of the court of first instance and the judgment of the court of second instance

However, even if there are such reasons for ex officio reversal, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court.

3. Judgment on the Defendant’s misunderstanding of facts and misapprehension of legal principles (the first, second, and attempted fraud as indicated in the judgment of the court below, and the second, second, fraud)

A. The Defendant also asserted the same as the grounds for appeal under this part of the judgment below.

In light of the following circumstances, the court below duly adopted and examined evidence, the defendant's health status, financial status, record of the use of the card for the period of hospitalization, and record of traffic offenses during the period of hospitalization, etc., the defendant, after being hospitalized for an excessive period exceeding the necessary period of treatment, shall receive the nominal insurance money, such as hospitalization allowances.