All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendant 1) Fact-misunderstanding and misunderstanding of the legal doctrine [as to the crime No. 1 of the judgment of the court below (the crime No. 2016 order 1249) of the judgment of the court below], the Defendant merely received normal hospitalized treatment according to the result of the diagnosis by the doctor in charge of each medical institution due to disease, etc., and did not have

Nevertheless, the lower court found the Defendant guilty of the charge of obtaining insurance money, and thus, it erred by misapprehending the facts and legal principles, thereby adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s unfair sentencing [the sentence of the lower court’s first instance (2016 Height 1249: 8 months of imprisonment and the second offense of the holding (2017 Height 1141: 2 months of imprisonment)] is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. 1) Determination on the Defendant’s assertion of misunderstanding of the facts and legal principles 1) The act of claiming insurance proceeds with respect to an insurance company without notifying the insurance company of the fact that the substance of treatment was hospital treatment or a long-term hospitalization beyond necessary conditions and met the hospitalization period stipulated in the insurance terms and conditions constitutes fraud (see Supreme Court Decision 2007Do2941, Jun. 15, 2007). 2) The Defendant asserted the same purport at the court below, and the court below rejected the above assertion in detail by stating in detail the judgment on the Defendant’s assertion and its determination. In light of the records, the court below’s determination is just and acceptable, and there is an error of law by misunderstanding the facts and misunderstanding of legal principles as alleged by the Defendant.

Therefore, the defendant's mistake of facts and misapprehension of legal principles are without merit.

B. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is to be committed by the Defendant for the purpose of hospitalizing the Defendant in excess of the period of hospitalization required for ordinary medical treatment or treating the Defendant as not requiring hospitalization.