The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) against the Defendant is too unreasonable.

2. Before the judgment on the grounds for an ex officio appeal, the prosecutor ex officio examined the reasons for the appeal, and the prosecutor applied for the amendment of the indictment with the content that the corresponding part of the facts charged of the instant case [the list of crimes] was changed to the attached Form [the list of Samsung Bio-resources]. Since this court permitted this and changed to the subject of the judgment, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

From March 13, 1996 to December 10, 2014, the Defendant purchased a total of 27 insurance policies, including one of the victim Samsung T&T insurance companies, two of the victim Samsung Life Insurance Co., Ltd., two of the wind healthy life insurance and one of the non-distribution Schlage insurance, one of the non-distribution insurance companies for the victim, and one of the Universal CI insurance for non-distribution of the life insurance company for the victim.

As the above insurance company is difficult to make a substantial judgment on the necessity of hospitalization for the insured and the adequacy of the hospitalization period, the Defendant confirmed only the medical certificate submitted by the insured, the certificate of hospitalization, etc. and, using the fact that the Defendant paid insurance money to the beneficiary, attempted to receive the insurance money by means of receiving unnecessary long-term hospital treatment, even though it is a disease that can receive hospital treatment or hospital treatment for the purpose of receiving the daily admission

From August 16, 2008 to August 22, 2008, the Defendant was hospitalized for 7 days under the diagnosis of urine disease at D Hospital located in Nam-gu Incheon Metropolitan City (hereinafter “D hospital”) from around August 16, 2008 to around February 23, 2015 [Attachment List of Crimes] (excluding the part regarding insurance company’s name Samsung Bio-resources) and (excluding the part regarding insurance company name).