The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, prior to the introduction of the standard contractual terms and conditions for indemnity insurance, was a person who can receive insurance money on the basis of the amount before discount even if he was discounted by the E Hospital (hereinafter “instant hospital”); the Defendant’s spouse was in charge of claiming insurance money; the Defendant was issued a receipt for medical expenses from the instant hospital and delivered it to the spouse; and the Defendant did not know that the amount of the receipt was included more than the amount actually paid to the hospital; thus, the Defendant could not be deemed as deceiving B as stated in the instant facts charged, and the Defendant did not have any intent to commit fraud.

Therefore, on a different premise, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant was admitted to the instant charge, and was hospitalized in the instant hospital, which was operated by the president D, located in Gyeonggi-gun C from December 16, 2014 to March 14, 2015.

From the total amount of the medical expenses, etc. to be paid to the Defendant, the Defendant had a false receipt stating the amount of 5-10% discounted by 5-10%, which is more than the amount actually paid, issued by the instant hospital, and obtained insurance money from B insured.

On March 2, 2015, the Defendant claimed KRW 29,535,390 over three occasions, such as requesting a hospital receipt stating KRW 8,858,880 on March 3, 2015, and receiving KRW 7,556,880 on March 3, 2015, and claiming KRW 29,535,390 on March 3, 2015, and claiming KRW 24,97.