All appeals filed by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) In fact, there is no fact that the Defendants deceptiond insurance companies on the ground that they were actually treated at a hospital and were not unfairly hospitalized for a long period exceeding the reasonable number of days of hospitalization.

The defendants were hospitalized in excess of the proper number of days of hospitalization.

Even if this is based on the direction of the doctor, it is not possible to recognize the intention of defraudation.

2) The punishment of the lower judgment (two years of suspended execution in October, and eight hours of community service in community service) against the illegal Defendants in sentencing is too unreasonable.

B. The sentence of the lower judgment against the Defendants by the prosecutor is too uneased and unreasonable.

2. Determination

A. 1) Determination as to the Defendants’ assertion of mistake of facts: (a) In the event of the exercise of rights by means of deception of law, the act belonging to the exercise of rights and the act of deception belonging to the said means are comprehensively observed; and (b) if such deception cannot be acceptable as a means of exercise of rights in light of social norms, the exercise of rights constitutes fraud.

In addition, even if there is any reason to receive one insurance money, if excessive insurance money is paid 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 through the realization, a crime of fraud is established against the whole insurance money that has been paid (Supreme Court Decision 2008Do4665 Decided May 28, 2009). According to the evidence duly adopted and investigated by the court below and the trial court, the following circumstances can be acknowledged.

① The Defendants were hospitalized in the instant hospital located in Kimhae-si P Hospital (hereinafter “the instant hospital”), such as “mathic spawn and metal-resistant and static surgery,” and was hospitalized in the instant hospital for about 30 days each time they undergo the surgery.

The procedure that the defendants received is ordinarily required to be hospitalized for one week.