The prosecutor's appeal is dismissed.

According to the evidence submitted by the prosecutor, the court below acquitted the defendant on the ground that the defendant had received excessive insurance money through long-term hospitalization in the absence of the necessity of hospitalized treatment as stated in the facts charged of this case. Thus, the court below erred by misapprehending the fact that the defendant was guilty.

2. Determination

A. On July 10, 2007, the Defendant subscribed to a 13 insurance product that guarantees the daily amount of hospitalization, operating expenses, various diagnosis expenses, etc. to a life insurance company and a damage insurance company as stated in the status of subscription to the attached insurance before and after the time of subscribing to a B (State).

Although the defendant is not required for hospital treatment and it is possible to receive hospital treatment, he/she has received insurance money under the name of medical expenses, hospital expenses, etc. by long-term hospitalization.

From September 2, 2008 to October 8, 2008, the Defendant was hospitalized in the name of Byung-gu in Busan Northern-gu in the for 37 days as the name of Byung-gu.

In fact, however, there was no special opinion on the result of the radiation photographing on the part of the evidence presented by the defendant, and there was no need to be hospitalized in the area where the defendant s/he takes drugs or takes physical treatment while living together with others, and there was no need to be hospitalized separately.

Nevertheless, on October 13, 2008, the Defendant filed a claim for the insurance proceeds of KRW 740,000 on the same day, and received the insurance proceeds of KRW 740,000 on the same day, and received the total amount of KRW 7,157,899 from six insurance companies with regard to the above hospitalization as shown in the table of sight for payment of the attached insurance proceeds, and received the insurance proceeds of KRW 7,157,89 from Oct. 8, 2008 to Mar. 15, 2016, and was hospitalized falsely, as shown in the table of sight for payment of the attached insurance proceeds.