The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was hospitalized due to highly knee, knee-free diseases, etc., and there was a need for the actual treatment of hospitalization, and there was no intention to acquire insurance money.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. Determination

A. There is a reason to receive insurance proceeds for a mistake of fact.

In the event that excessive insurance money has been received through long-term hospitalization, etc. with intent to obtain a large amount of insurance money than the actual insurance money, a crime of fraud is established against the total insurance money received, and even if the actual hospitalization is required for part of the treatment period, a crime of fraud is established against the total medical treatment expenses for the hospitalization period including such part.

(see, e.g., Supreme Court Decision 2008Do4665, May 28, 2009). The Defendant asserted the same purport as the grounds for appeal in this part of the judgment below.

In light of the following circumstances, the lower court determined that the Defendant could have acquired insurance proceeds as stated in the facts charged even if the treatment of hospitalization was not required, and found the Defendant guilty of all the charges of this case.

In comparison with the aforementioned legal principles, a thorough examination of the reasoning of the lower judgment compared with the records, the lower court’s finding and determination of the facts are sufficiently acceptable. In so doing, as alleged by the Defendant, there were no errors by misunderstanding the necessity of hospitalization treatment or the fact about the criminal intent to obtain fraud, thereby adversely affecting the conclusion of the judgment. A statement by the informant P who was hospitalized at the E hospital where the Defendant was hospitalized, the me-to-mail, photograph, nursing record book, and nurse and nurse, etc. who were working or worked in the above hospital.