The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. In light of the fact that the prosecutor (misunderstanding of facts about the acquittal portion) and the E hospital were hospitalized in many patients who are not required to be hospitalized, the defendant was found guilty in the lower court as to the remainder of the facts charged that the defendant hospitalized in each of the above hospitals and claimed insurance proceeds after being hospitalized in each of the above hospitals, and the defendant also claimed insurance proceeds after being hospitalized in ten meetings from 2008 to 2010, the charge of not guilty portion of the lower judgment is also found guilty. However, the lower court erred by misapprehending the fact that the lower court acquitted this portion, thereby affecting the conclusion of the judgment

B. Although the Defendant (misunderstanding of facts as to the part of the crime and unreasonable sentencing) was hospitalized only in accordance with the hospital’s hospitalization instruction and did not have the intent to acquire insurance money, the lower court, which recognized the Defendant’s fraud, erred in the misapprehension of the judgment, thereby adversely affecting the conclusion of the judgment. Even if the Defendant’s fraud is recognized, the lower court’s punishment (basic fine of KRW 15 million) is too unreasonable.

2. Determination

A. The summary of this part of the facts charged as to the prosecutor’s assertion on the acquittal portion was in such a state that there was no need for hospitalized treatment, such as the Defendant’s awareness of receiving insurance proceeds by fraud, and the fact that the fact was minor and a simple physical therapy and injection only during the period of hospitalization. However, on October 31, 2009, the location of “C Hospital” was corrected as above on the second day of the Busan Northernbuk-gu Qaro on the date of the second trial.

After being hospitalized in the C Hospital on November 20, 2009 and hospitalized on November 20, 21, 2009 for 21 days. As such, as if the aforementioned hospitalization was necessary, insurance proceeds shall be claimed to the employee in charge of the victims, and as such, 2.10,506 won from the Korea Life Insurance on February 8, 2010, 6.30,000 won from the Korea Life Insurance on January 21, 201, 6.36 million won from the Korea Life Insurance on December 16, 209, and 1.260,000 won from the future life Insurance on December 16, 209.