The defendant's appeal is dismissed.

1. The summary of the grounds for appeal is that the defendant, while making an election campaign in a park, received the insurance money by being properly hospitalized by a member of the D with the wind that is far away from the sports organization, and did not deceiving the insurance company to acquire the insurance money, but the judgment of the court below which found the defendant guilty of the facts charged of this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. 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 said means are comprehensively observed to the extent that such deception is not acceptable as a means of exercise of rights in light of social norms, the act belonging to the exercise of rights constitutes fraud. Even if there are grounds for payment of insurance proceeds, where excessive insurance proceeds are paid through long-term hospitalization, etc. with the intention to acquire a large amount of insurance proceeds than the insurance proceeds that can be actually paid by means of deception, fraud is established against the total insurance proceeds paid (see Supreme Court Decision 2008Do4665, May 28, 2009). According to the above legal principles, according to the health account of this case, it is recognized by the evidence duly adopted and investigated by the court below, ① the defendant's life basis (Y), and the place where the accident occurred (Yeong-dong-gu, Busan Metropolitan City) and the location where the patient was admitted to the hospital located in Gangseo-gu Seoul Metropolitan City (Yeongdong-dong Park).