The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. Summary of grounds for appeal;

A. The Defendant is not guilty of the fact that he received the insurance money after being hospitalized according to a doctor’s diagnosis, but obtained the insurance money by fraud.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. Under the applicable law, where continuous observation by a medical personnel is required in relation to side effects or incidental effects of drugs, which are very low resistance to or are administered by the patient's disease, the act of claiming insurance money for long-term hospitalization against the insurance company without notifying the need for hospitalization, by asserting that the act of claiming insurance money satisfies the period of hospitalization stipulated in the insurance policy, is a fraudulent act in the case where the patient's pain and treatment are in a situation where the patient's condition is unable to cope with the patient's condition or where the patient's risk of infection exists, etc.

(See Supreme Court Decision 2007Do2941 Decided June 15, 2007). Also, there are grounds for payment of insurance proceeds.

Even if this is done, if excessive insurance money is paid through long-term hospitalization, etc. with intent to acquire a large amount of insurance money than the actual insurance money, a crime of fraud is established against the whole insurance money received.

Supreme Court Decision 207. May 1, 2007