The prosecutor's appeal is dismissed.

1. In full view of the evidence submitted by the prosecutor, including the summary of the grounds for appeal (misunderstanding of facts and legal principles), the Health Insurance Review Evaluation Institute (hereinafter “Examination Review Institute”)’s “the response to the request for review on the propriety of hospitalization, etc.” (hereinafter “Examination Review”) and the evidence submitted by the prosecutor, the court below acquitted the Defendant of the facts charged in the instant case, even though the Defendant could have obtained false or excessive hospitalized treatment as stated in the facts charged in the instant case, and acquired insurance proceeds from the victims. In so doing, the court below erred by misapprehending the legal principles and adversely affecting the conclusion of the judgment.

2. Judgment on the grounds for appeal

A. On May 4, 2006, the summary of the facts charged of the instant case: (a) the Defendant entered into the “Unpaid Comprehensive Insurance Policy” that is paid in KRW 50,000 per day of hospitalization as an injury or disease sold by Hyundai Commercial Reinsurance Co., Ltd. on May 4, 2006; (b) KRW 10,000 per day when being hospitalized as an injury sold by the Non-Life Insurance Co., Ltd. on July 11, 2008; and (c) KRW 50,000 per day when being hospitalized due to disease; and (d) KRW 20,00 per day when being hospitalized as an injury sold by the Non-Life Insurance Co., Ltd. on October 9, 2008; and (e) KRW 30,00 per day when being hospitalized as an injury paid by the disease.

After having purchased an insurance policy as above, the Defendant had taken advantage of the circumstances that the amount of insurance money equivalent to the number of days of hospitalization would be paid when receiving hospitalized treatment, and had received false and excessive hospitalized treatment and received insurance money from the above companies.

Accordingly, on March 27, 2009, the Defendant actively complained of a doctor's pain from the Foreign Medical Center in Incheon-si C, and requested hospitalization from the date of requesting hospitalization.

4. Until December 16, 199, he was hospitalized for a disease of escape from a 21-day signboard; and

However, the disease and condition of the defendant are continuously managed by medical personnel.