The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

. The applicant.

1. The summary of the grounds for appeal - The Defendant, at the time of entering into each of the insurance policies of this case, notified the insurance designer of the past medical history of the Defendant, and the insurance designer deemed that he/she is fine without surgery.

At the same time, each of the instant subscription forms indicate that there was no operation or hospitalization, etc., and the Defendant signed the above subscription forms. As such, the Defendant did not deceiving the victim Solar Life Insurance Co., Ltd. and Dongyang Life Insurance Co., Ltd., and did not intend to commit the crime of defraudation by the Defendant.

Nevertheless, the court below found the defendant guilty as to the facts charged of this case. Thus, the court below erred by mistake of facts.

2. The judgment of the court below, based on the evidence duly adopted and examined, found the following circumstances: (i) the defendant signed the subscription form at the time of entering into each insurance contract of this case and delivered it to the insurance designer; (ii) each of the above subscription form indicate "no" in the column to ask "whether the defendant has been hospitalized or performed within the last five years"; (iii) it appears that the defendant was directly indicated or signed with the defendant; and (ii) the defendant entered into an insurance contract with the Hyundai Commercial Reinsurance Co., Ltd., Ltd. with the same coverage as the above coverage before entering into each insurance contract of this case, and was paid insurance proceeds from the above modern sea as a result of the surgery and hospitalization; and (iii) it appears that the defendant was aware that he was hospitalized at the time of entering into the insurance contract of this case.