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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant, after having undergone a traffic accident around September 20, 2012, was hospitalized at Fa Hospital for six days after having undergone a traffic accident, the Defendant did not have obtained insurance money by fraud as stated in the instant facts charged, since there was no other stuffed treatment for six days.
B. The lower court’s sentence of an unreasonable sentencing ( fine of KRW 800,000) imposed on the Defendant is too unreasonable.
2. Determination
A. The judgment of the court below and the court below on the assertion of mistake of facts are acknowledged as follows based on the evidence duly adopted and investigated by the court below, namely, ① the defendant himself recognized that the defendant had been out of the hospital with the permission of the hospital; ② The employees such as the Korean medical doctor and the head of the original department of the F Hospital at which the defendant was hospitalized were subject to criminal punishment for the crime of taking out the insurance money by exaggeration or falsely stating the treatment details without any control over outing outing and outside the hospital; ③ the defendant was under physical treatment once a day as ordered by the F Hospital; but the defendant argued that the defendant was only under physical treatment once a day as instructed by the F Hospital. However, considering the above facts, it cannot be deemed that the defendant had no criminal intent to have received the insurance money in light of the fact that he had received the insurance money by claiming medical expenses excessively stating the medical treatment details as if he had received the first medical treatment only once a day during the period of hospitalization, and there is no reason to deem the defendant to have received the insurance money.
B. Considering the motive and circumstances leading to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court is too unreasonable.