The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B and C shall be punished by a fine of two million won.

3.2

Summary of Grounds for Appeal

A. In fact, the Defendants were actually hospitalized in accordance with the direction of the doctor in order to receive the necessary treatment and did not have the victims by deceiving the victims of insurance money.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: imprisonment for eight months, suspension of the execution of two years, Defendant B, and C: each fine of three million won) is too unreasonable.

Judgment on the defendants' assertion of mistake of facts

A. In a case where continuous observation by a medical staff is required with respect to side effects or incidental effects of a patient's disease which are very low resistance or that of a drug administered, where the management of drugs and drinking foods needs to be continuously conducted, and thus, the patient's outpatients and treatments need to be continuously conducted, and thus, the patient suffers from treatment while staying in the hospital due to the situation where the patient's condition is unable to cope with pain or where the patient's risk of infection exists, etc. In accordance with all the provisions of "detailed matters on the criteria and method for applying medical care benefits" as a notice of the Ministry of Health and Welfare, it refers to the patient's staying in the hospital for more than six hours and receiving treatment under the observation and management of the medical staff. However, the determination of whether the patient was hospitalized cannot be made based on the patient's symptoms, diagnosis and treatment procedures, the patient's actions, etc. should be based on the comprehensive consideration of the patient's symptoms, the patient's treatment procedure and the patient's actions (see Supreme Court Decision 2004Do657, Jan. 12, 206).