The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the Defendant did not actually reside in the hospital for more than six hours and did not receive any medical treatment during the period of money, and thus, the Defendant cannot be deemed to have received an insurance money from an insurance company because he did not receive any medical treatment. As such, there exists a strict difference between the “day hospitalization” and the “one-day hospitalization” and the “two-day hospitalization,” the Defendant’s receipt of insurance money from the insurance company constitutes fraud by submitting a false written hospitalization certificate stating as if the Defendant was hospitalized for one-day one-day hospitalization even if he did not actually receive the treatment

Nevertheless, the court below erred by misapprehending the facts charged or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination:

A. A. The summary of the facts charged, around February 24, 2010, the Defendant returned to Korea without hospital treatment after receiving a surgery for a domination from the “W Council” on the 6th floor of Bupyeong-gu Incheon, Bupyeong-gu V history. However, despite having returned to Korea without hospital treatment, the Defendant issued a false certificate of hospitalization stating the content of being hospitalized for two days, and filed a claim for insurance proceeds from the said insurance company around March 2, 2010, and deceiving the claim from the said insurance company.

3.2.Written delivery of KRW 2,376,120.

B. The lower court determined based on the records, i.e., the following circumstances acknowledged by the records: ① Whether hospitalization of a patient is necessary is to determine the method of appropriate treatment depending on the patient’s specific circumstances; the patient’s recovery level can be different for each patient after surgery; and emergency situations may arise due to merger symptoms, side effects, etc.; thus, it cannot be readily concluded that hospitalization is unnecessary without any need for hospitalization after surgery (a number of patients who complained of serious pain among patients who underwent surgery of domincing and hospitalized are deemed to exist); ② In general, hospitalization is to be conducted at the hospitalization room for more than six hours pursuant to the provisions of “detailed matters on the criteria and method for applying medical care benefits”, which is publicly notified by the Ministry