All appeals filed by prosecutors and defendants are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (the defendant A: two years of imprisonment, four years of suspended execution, 80 hours of community service order, the defendant B: imprisonment with prison labor for eight months of suspended execution, two years of suspended execution, and 80 hours of community service order) of the court below is too unfasible and unfair.

B. Defendants 1) misunderstanding of facts: (a) the Defendants were hospitalized in a hospital according to the diagnosis due to an accident or disease and received insurance money from the hospital; (b) the Defendants’ claim and receipt of insurance money do not constitute fraud; (c) the Defendants did not commit fraud; and (d) the Defendants did not let the medical institution receive medical benefits in an unlawful manner; and (b) the sentence sentenced by the lower court of unfair sentencing is too unreasonable.

2. Determination

A. 1) In the case of the exercise of rights by means of deception, if the act belonging to the exercise of rights and the deception belonging to such means are comprehensively observed to the extent that such deception cannot be acceptable as a means of exercise of rights under social norms, the act belonging to the exercise of rights constitutes a crime of fraud. Even if there are grounds for payment of insurance money, if excessive insurance money is paid through long-term hospitalization with the intent to acquire a large amount of insurance money, etc. than the insurance money that can be actually received through the realization, a crime of fraud is established against the total insurance money received (see, e.g., Supreme Court Decisions 2007Do2134, May 11, 2007; 2008Do465, May 28, 2009).