The judgment below

The remainder of the compensation order, excluding the rejection thereof, shall be reversed.

The defendant is innocent.

The court below's scope of adjudication in this Court dismissed the application for compensation by the applicant for compensation of the original court, and where the application for compensation is rejected, the applicant is immediately finalized and the decision of dismissal is not immediately finalized, and cannot apply again for the same compensation order without being transferred to the appellate court (see Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings), and the part which dismissed the application for compensation in the original

2. In full view of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the lower court acquitted the Defendant of the instant facts charged, even though the Defendant could have obtained hospitalized treatment and acquired the insurance money by deceit.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

3. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the facts charged in the previous trial at the trial, and maintained them as the primary facts charged as stated below (a judgment written in multiple) and applied for an amendment to a bill of amendment with the addition of the facts charged as stated in the conjunctive facts charged (a judgment written in multiple times). Since this court permitted it, the judgment of the court below cannot be maintained as it was, since the subject of the judgment was changed by this court.

4. Accordingly, the court below's decision is reversed without examining the grounds for appeal by the prosecutor, and the remaining part of the judgment below, except the dismissal order, is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.

【Discretionary Judgment】 Facts charged

A. The facts charged F and G are herb doctors operating the E oriental medical hospital located in Seo-gu, Busan. They are equivalent to 90% of hospital costs in the event patients insured by hand-over receive hospitalized treatment.