The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is as follows: (a) the Defendant was hospitalized into a disease requiring hospitalized treatment; and (b) the period of hospitalization is limited to the period necessary for the treatment of a disease; and (c) the Defendant could not be deemed to have obtained insurance money by deceiving the victim as stated in the facts charged in this case; (d) the lower court convicted the Defendant of the facts charged in this case; and

2. Determination

A. As to the grounds of appeal, in cases where continuous observation by a medical personnel is required with respect to side effects or incidental effects of drugs which have low resistance ability to, or are administered with, a disease, the management of nutritional conditions and food and plant in need of continuous administration of drugs, etc., and thus, the patient’s pains rather inconvenience in treatment is needed, as the patient’s condition is unable to cope with the patient’s disease or where the patient is in danger of infection, etc., and the patient is staying in the hospital, and the patient is under treatment while staying in the hospital for more than 6 hours under the observation and management of the medical personnel. However, the determination of hospitalization based only on the patient’s symptoms, diagnosis and treatment procedure, and the patient’s behavior cannot be made. Thus, the determination of whether the patient was hospitalized cannot be made after taking full account of the patient’s symptoms, diagnosis and treatment procedure, and the patient’s behavior, etc., and even if the patient was under a fixed type of treatment and supervision after taking full account of the patient’s remaining time of stay in the hospital and supervision.