The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In spite of the fact that the defendant was actually involved in a traffic accident and was hospitalized in the hospital more than two times, the court below found him guilty of the facts charged in this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 2.5 million won) is too unreasonable.

2. Determination

A. 1) In the event of the exercise of rights by means of deception, if the act belonging to the exercise of rights and the act of deception belonging to the means of deception are comprehensively observed to the extent that such deception is not acceptable as a means of exercise of rights under social norms, the act belonging to the exercise of rights constitutes fraud. However, even if there are grounds for payment of insurance proceeds, where excessive insurance proceeds are paid through long-term hospitalization with the intent to acquire a large amount of insurance proceeds, etc. than the insurance proceeds that can be actually paid due to deception, fraud is established against the whole insurance proceeds received (see, e.g., Supreme Court Decision 2008Do4665, May 28, 2009) and the court below and the court of the trial, without recognizing the occurrence of the traffic accident by the Defendant’s statement, (i) the degree of the traffic accident at the time of the occurrence of the traffic accident in this case was insignificant, and (ii) the Defendant appears to have suffered diagnosis from the president of the hospital for 201 May 27, 2015.