The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) There is no fact that a mistake of fact accused has received false hospitalized treatment or excessive hospital treatment by deceiving each insurance company and deceiving the insurance proceeds.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendant, in the lower court’s judgment as to the assertion of mistake of facts, argued in the same manner in the trial, and the lower court, based on the evidence duly adopted and investigated, found the facts charged in the instant case guilty.

On the other hand, in the case of the exercise of the right by means of deception, if the act belonging to the exercise of the right and the deception belonging to the means are comprehensively observed, and such deception cannot be acceptable as a means of exercise by social norms, the act belonging to the exercise of the right constitutes a crime of fraud, but there is a reason to receive the insurance money.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

(2) In light of the above legal principles, the judgment of the court below is just and acceptable in light of the circumstances indicated by the court below as well as the above legal principles. Thus, it cannot be said that there is an error of law affecting the conclusion of the judgment by misunderstanding facts as alleged by the defendant, as alleged by the defendant.

B. The amount of fraud in this case, which is a large amount of judgment on the assertion of unfair sentencing, has not been recovered, insurance fraud crimes not only inflict damage on the insurance company, which is the victim, but also inflict damage on many policyholders, and undermine the social functions of the insurance company, so serious punishment is needed.