Defendant

A's appeal is dismissed.

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B. Imprisonment.

1. Summary of grounds for appeal;

A. Defendant A1) In fact, the Defendant was actually hospitalized according to the direction of the doctor in charge, and there was no intention to obtain insurance money.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.

2) The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

B. Defendant B’s punishment (one year and two months of imprisonment) is too unreasonable.

2. Judgment on Defendant A’s appeal

A. The following circumstances revealed based on the evidence duly adopted and investigated by the court below and the court below. ① The defendant repeated hospitalization due to the same side pain, but was mainly treated as pain treatment, such as progress-control administration, physical therapy, etc. without notifying the hospitalization at the previous hospital. ② The doctor who ordered the defendant to be hospitalized failed to be informed accurately of the details of the defendant’s hospitalization and treatment. On the other hand, in the case of the medical analysis and consultation details of AC and AB medical analysis staff, K, N, andO, a medical specialist in the past medical history, treatment records, X-ray opinion, the doctor’s opinion, the date of hospitalization, the date of prescription, the date of prescription, the date of prescription, the date of physical therapy, the date of physical therapy, the records of video treatment, etc., and the above medical analysis and consultation are prepared, and thus, there is considerable credibility in the medical consultation and consultation.

In light of the fact that there are many records that the defendant sent without permission or for long time, and in particular, at the time of hospitalization at the time of re-admission of the attached Table 19, 10, 13, etc., the defendant was falsely or excessively hospitalized, even though it is not possible for the defendant to receive hospital treatment or require long-term hospital treatment.