The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (in fact-finding or misapprehension of legal principles) practically makes it difficult for doctors to refuse the request for hospitalization of patients, thereby making an evaluation of the propriety of hospitalized treatment ex post. The Defendant appears to have been able to receive outpatient treatment by going out and staying out beyond the ordinary level of inpatients during the duration of hospitalization, and making it possible for the Defendant to receive outpatient treatment. In full view of the following facts: (a) the Defendant’s diagnosis of liver disability is only after the facts charged, the lower court acquitted the Defendant, even though it can be found

2. Determination on the grounds for appeal

A. The summary of the facts charged: (a) the Defendant, when receiving hospitalized treatment due to a disease, injury, adult disease, or traffic accident, was hospitalized on the ground of an insurance product for which hospitalization expenses are paid within a certain period of hospitalization, rather than for the purpose of receiving insurance proceeds, such as hospitalization expenses, hospitalization allowances, etc.; and (b) did not receive proper hospitalized treatment while staying out or staying outside the country for a long time; or (c) even if the disease requires hospitalized treatment, the Defendant received a long-term hospitalization for a long time as necessary; (d) obtained relevant documents necessary for receiving the insurance proceeds, such as a certificate of hospitalization, a medical certificate, etc., stating that he/she had received adequate hospitalized treatment from the relevant hospital at the time of discharge, and submitted them to B, etc

Accordingly, around December 19, 2005, the Defendant: (a) around December 19, 2005, “D”; (b) around July 8, 2007, E Co., Ltd.’s monthly insurance money of KRW 81,750; (c) around July 8, 2007, “G” of KRW 12,910; (d) around August 7, 2007, the monthly insurance money of H Co., Ltd. of KRW 180,000; (c) around October 1, 2007, the monthly insurance money of KRW 149,560; and (d) around November 16, 2007, the “M” of KRW 169,600; and (e) the monthly insurance money of H Co., Ltd. of KRW 169,600.