The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal in the instant case is as follows: “The Defendant, on May 23, 2003, submitted to B a certificate of hospitalization and discharge to C products (hereinafter “instant insurance”) sold by B on May 23, 2003 (hereinafter “B”) and demanded insurance money such as daily allowances for hospitalization by submitting the certificate of hospitalization and discharge to B. However, the Defendant did not need to receive any actual treatment without any special verification at the insurance company, or was hospitalized to receive insurance money for reasons of minor symptoms and diseases that can receive hospital treatment. From January 16, 2010 to January 29, 2010, the Defendant had no need to receive the insurance money from 30 days to 40 days on February 4, 2010 on the following grounds: (a) the Defendant was discharged from the E Hospital located in Busan Seo-gu, Busan; and (b) the Defendant had repeatedly received a total insurance money from 2010 to 40 days on the ground that he did not need to receive any medical treatment as above.

The court below found the defendant not guilty on the ground that there is no reasonable doubt that the defendant was hospitalized in the hospital on the ground of a minor symptoms or diseases where it is not necessary to receive the actual treatment with the criminal intent of defraudation, or that it is not sufficient to recognize that he requested the payment of insurance proceeds to B for this reason.

However, according to the evidence submitted by the prosecutor, it is recognized that the defendant has repeatedly obtained insurance money even in a situation where it is not necessary to receive hospital treatment.

Nevertheless, this case.