All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. In spite of the fact that the Defendants intentionally caused an accident or failed to receive an exaggerated treatment, and the Defendants did not intend to obtain insurance money through this, the judgment of the court below which found the Defendants guilty of each charge of mistake of facts.

B. Each sentence of the lower court’s unfair sentencing (one year of imprisonment with labor for Defendant A, six months of imprisonment with labor for Defendant B, four months of imprisonment with labor for Defendant C, and two years of suspended execution) is unreasonable.

2. Determination

A. In a case where a false report on an insurance accident or intentionally causes an insurance accident with intent to obtain a judgment on a mistake of fact, fraud regarding insurance proceeds is established. On the other hand, even if the accident was actually caused, the act of claiming excessive medical care costs by inducing a long-term hospitalization beyond the scope of the insurance company without notifying the necessity of hospitalization, as well as the case where a medical doctor made a long-term hospitalization, despite the absence of the necessity of hospitalization, by making the need for hospitalized treatment possible, after comprehensively considering the symptoms, diagnosis and treatment of the patient, the details and circumstances of the treatment, the patient’s behavior, etc.

(See Supreme Court Decision 2008Do4665 Decided May 28, 2009 and Supreme Court Decision 2007Do2941 Decided June 15, 2007, etc.). However, various circumstances recognized by the evidence duly adopted and examined by the lower court, including the Defendants’ respective prosecutor’s statements, I, J, and K’s respective investigative agencies’ statements, L, M, N, andO’s respective investigative agencies’ statements, investigation reports, each investigation report, medical fees, and medical records, etc. In particular, Defendant A’s prosecutor’s office did not actually go beyond the stairs of the instant case on February 14, 2010, but rather Wh residents at the same time.