The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Summary of Grounds for Appeal

Comprehensively taking account of the evidence submitted by the prosecutor, the defendant is found to have received insurance money from an insurance company and acquired it by fraud after being hospitalized in the F Hospital without the necessity of hospitalization.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. Prior to the judgment on the grounds for appeal on the amendment of indictment ex officio, the case is examined ex officio prior to the judgment on the grounds for appeal on the amendment of indictment, and the previous facts charged by the prosecutor which were acquitted in the original trial and sentenced to not guilty at the court below is the first-mentioned judgment

In addition, the amendment as described in paragraph 1(b) is maintained as the primary facts charged, and the next judgment of the court below is 1-b.

As stated in the paragraph, an application for permission to amend the Bill of Indictment was filed with the addition of the ancillary charges, and the subject of the adjudication was changed by this court, so the judgment of the court below cannot be maintained as it is.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and the judgment below is reversed and it is again decided as follows.

【Summary of the facts charged】

A. The primary facts charged B, C, based on the fact that the Korean medicine doctor operating a F Hospital located in Seo-gu Busan Metropolitan City, and the patients covered by the loss insurance can process insurance in an amount equivalent to 90% of the hospital cost when they receive hospitalized treatment, which basically includes hospital treatment fees, food, intrusion treatment, high quality treatment, and veterinary treatment, and which can select one of the high-priced herb drugs, such as light-to-ro and arche, and health, injection, and high-frequency treatment.