1. The judgment below is reversed.

2. The defendant shall be punished by a fine of 500,000 won.

3. The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. In fact, the Defendant merely received hospitalized treatment according to a doctor’s diagnosis and solicitation for the purpose of treating a disease, but does not deceiving the victim insurance company, thereby deceiving the victim insurance company.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

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

2. Determination

A. In the trial of the competent prosecutor, the prosecutor applied for the amendment of the indictment with the content that the facts charged in this case are modified as stated in the revised facts of crime, and since this court permitted this, the judgment of the court below was no longer maintained.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to a trial by this court, and we will examine below.

B. According to the evidence duly adopted and examined by the court below and the court below as to the fraud against the victim LIG non-life insurance company, the defendant's "non-dividend cancer insurance" that the defendant entered into with the LIG non-life insurance company is merely guaranteeing cancer daily allowance, similar cancer diagnosis expenses, disease surgery expenses, and surgery expenses, etc., and the amount of hospitalization daily allowances or medical expenses due to general disease other than cancer is not included in its guarantee. The defendant was hospitalized in D hospital from August 16, 2013 to August 27, 2013. The defendant was hospitalized in D hospital during the course of hospitalization, and was performed an operation to remove species to train the left-hand side during the suspension of hospitalization. The defendant claimed insurance money to the LIG non-life insurance company on October 29, 2013, and the defendant claimed for the payment of the insurance money to the defendant during the surgery on the ground of an insured accident under the above hospital treatment.