All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence (the 10 months of imprisonment, the 2 years of suspended execution, the 6 months of imprisonment, the 2 years of suspended execution, and the 2 years of suspended execution) imposed by the public prosecutor by the court below is too uneasible.

B. Defendants 1) misunderstanding of facts is deemed to have received insurance money after being hospitalized at a hospital according to the diagnosis due to an accident or disease, and receiving the insurance money. As such, the Defendants’ claim and receipt of insurance money does not constitute fraud, and the Defendants did not have any intent to obtain fraud. 2) The sentence imposed by the lower court of unfair sentencing is too 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 act of deception belonging to the means of deception are comprehensively observed to the extent that such deception cannot be acceptable as a means of exercise of rights under social norms, the act belonging to the exercise of rights constitutes a crime of fraud. Even if there are grounds for payment of insurance money, if the defendant is paid excessive insurance money through long-term hospitalization with the intent to obtain a large amount of insurance money than the insurance money actually payable through deception, it constitutes a crime of fraud against the total insurance money received (see, e.g., Supreme Court Decisions 2007Do2134, May 11, 2007; 2008Do465, May 28, 2009).