The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case is erroneous in misconception of facts, despite the fact that the defendant suffered from a serious disease such as cerebral ties and Maculosis, and was hospitalized at a hospital, and did not have any serious disease for hospitalization.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The relevant legal principle as to the assertion of mistake of facts refers to a case where continuous observation by a medical personnel is necessary in relation to side effects or incidental effects of drugs which have low resistance power on a patient's disease or are administered, where the management of drugs and drinking plants is needed, and so it is necessary to continue to take care of the patient's pains, or where the patient's condition is in a situation where the patient's condition is unable to cope with pains or where the patient's risk of infection exists, etc., and where the patient stays in the hospital and takes care of the patient. In the case of exercise of rights by means of deception, if such deception cannot be acceptable as a means of exercise of rights under social norms, the act of exercising rights constitutes fraud. However, even if there are grounds for payment of insurance proceeds, if the insurance proceeds are paid for a long time by obtaining insurance proceeds through long-term hospitalization than the insurance proceeds actually payable due to deception, the following act of fraud is established as to the entire insurance proceeds (see, e.g., Supreme Court Decision 2006Do5264, May 267, 2008).