All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Defendants 1) In fact, the misunderstanding Defendants merely received normal hospitalized treatment according to the results of the diagnosis by the head of each medical institution due to traffic accidents, diseases, etc., and do not have obtained insurance money by false hospitalization.

Nevertheless, as the lower court found the Defendant guilty of the charges of obtaining insurance money, the lower court erred by misapprehending the facts and violating the rules of evidence, thereby making a judgment.

2) The sentence of the lower court (Defendant A: one year of imprisonment with prison labor; two years of suspended sentence; one year of imprisonment with prison labor; two years of suspended sentence; two years of suspended sentence) against the illegal Defendants is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of the facts, where continuous observation by a medical personnel is necessary in relation to side effects or incidental effects of drugs which are very low in resistance to the disease of the patient, where the management of nutritional conditions and food in-take needs to be continued, and thus, the patient’s pains are more inconvenience in treating the patient, or where there is a risk of infection, etc., where the patient’s condition is in a state where the patient’s condition is unable to cope with pain or where the patient’s condition is in danger of infection, etc., and the patient is receiving treatment while staying in the hospital. As such, the patient’s refusal of hospitalization means receiving treatment under the observation and management of the medical personnel while staying in the hospital for more than 6 hours pursuant to the provisions of the Detailed Rules on the Standards and Method for the Application of the Medical Care Benefits Act, which is the public notice of the Ministry of Health and Welfare (see Supreme Court Decision 2006Do6575, Dec. 6, 2006).