The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal by the defendant;

A. The Defendant is merely a person who received hospitalized treatment upon the recommendation of the doctor in charge for the treatment of salute, brut, etc., and does not deceiving the insurance company, thereby deceiving the insurance company.

Nevertheless, since the court below found the Defendant guilty of the facts charged in this case, it erred by misapprehending the facts.

B. The punishment sentenced by the lower court (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. Prior to the judgment on the reasoning of the Defendant’s appeal ex officio, the Prosecutor applied for changes in the indictment to “However, the Defendant did not normally hospitalize the Defendant at a time during the above-mentioned period, such as: (a) frequently visiting, going out, and going out; (b) the Defendant did not normally hospitalize the Defendant at a time; and (c) the Defendant’s substance of the treatment remains in the hospital and did not need continuous management and observation of the medical staff in the long term; (d) the purpose of the treatment can be sufficiently achieved; (c) there was no need for hospital treatment; and (d) the Prosecutor applied for changes in the indictment to the effect that “The Defendant did not have been hospitalized for a long time beyond the actual period of hospitalization, even if the hospitalization was much shorter than the actual period of hospitalization,” and (e) this Court has no longer maintained the subject of the judgment below’s permission.

However, there is an amendment to the indictment above.

Even if the defendant's assertion of mistake of facts is still subject to the judgment of this court, this paper examines this issue.

B. According to the evidence duly admitted and investigated by the lower court, the Defendant was Seoul.