1. The judgment below is reversed.

2. Defendant shall be punished by a fine of KRW 2,000,000.

3. The above fine shall be imposed on the defendant.

1. The gist of the grounds for appeal is that the Defendant actually scareed a knee and knee, etc., and only received hospitalized treatment according to the doctor’s diagnosis and solicitation, and did not deceiving the victim insurance company, thereby deceiving the victim insurance company.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

2. Determination

A. In the trial of the court below, the prosecutor applied for the amendment of the indictment with the contents of the changed criminal facts, which are viewed as following the facts charged in this case, and the subject of the trial was changed by this court's permission, so the judgment of the court below no longer maintained.

However, notwithstanding the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to a trial by this court, and we will examine below.

B. As to the Defendant’s assertion of mistake of the facts, the relevant legal doctrine refers to a patient’s treatment under the observation and management of a medical personnel when he/she stays in a hospital for at least six hours in accordance with the following provisions: (a) where continuous observation of a medical personnel is necessary in relation to the side effects or incidental effects of the patient’s low resistance ability or administered drugs; (b) where the administration and treatment of drugs are needed; and (c) where the patient’s pains are in a situation where the patient’s condition is unable to cope with the pain or where the patient’s risk of infection exists; (d) where the patient’s condition is in a situation where the patient’s condition is unable to cope with the pain or where the patient’s disease is in a danger of infection, etc.; and (e) where the patient suffers treatment while staying in the hospital for at least six hours; (e) whether the patient is hospitalized based only on the patient’s symptoms, symptoms, diagnosis and treatment process; and (e) details of the patient’s diagnosis and treatment.