All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant was entitled to receive insurance benefits as stated in the instant facts charged since his body condition was not recovered to the extent that he could provide labor for himself from July 1, 2009 to October 31, 2010, and Defendant’s application for temporary layoff benefits, etc. to the Korea Workers’ Compensation and Welfare Service as an injured person is a legitimate exercise of right, and the Korea Workers’ Compensation and Welfare Service determines whether to approve an application for additional medical care by closely examining the application documents. Thus, even if the Defendant was unable to receive all or part of the above insurance benefits, it cannot be deemed that he had a criminal intent by deceit, the lower court accepted the instant facts charged, and found Defendant guilty. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The sentence imposed by the Prosecutor (six months of imprisonment, two years of suspended execution, etc.) is too unfased and unreasonable.

2. Determination

A. 1) In the case of the exercise of rights by means of deception, if the act belonging to the exercise of rights and the deception belonging to the means of deception are comprehensively observed to the extent that such deception is not acceptable as a means of exercise of rights under social norms, the act of exercising rights constitutes a crime of fraud. Even if there were grounds for payment of industrial accident insurance benefits, if the injured party received excessive benefits with the intent to acquire a large amount of benefits than the benefits actually entitled to receive industrial accident compensation, fraud is established against the entire benefits received (see, e.g., Supreme Court Decision 2008Do4665, May 28, 2009). According to the evidence duly adopted and investigated by the court below and the trial court, the defendant suffered injuries on the arms and bridge on July 26, 2008.