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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not have been hospitalized excessively in excess of the necessary period of time, and there was no intention to acquire a large amount of insurance money than the insurance money that can be actually received due to the misunderstanding of facts and misunderstanding of legal principles.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in mistake and misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In full view of the following facts and circumstances revealed through the evidence duly adopted and investigated, the lower court determined that the Defendant received hospital treatment for a disease that could receive hospital treatment or at least a long-term hospital treatment for a disease that requires hospital treatment, and then acquired insurance proceeds from the victimized insurance company as stated in the facts of the crime in the lower judgment.
1) From November 17, 2008 to December 9, 2008, the Defendant hospitalized in C Hospital for 23 days. ① The Defendant was hospitalized in the E Hospital (the name of diagnosis: the name of diagnosis: the 5-Tratical escape certificate No. 5-Tratical 1) and was hospitalized in the said C Hospital (the name of diagnosis: the 5-Tratical escape certificate) with the same or similar name after being hospitalized for 5 days at the E Hospital, and was hospitalized again in the said C Hospital (the name of diagnosis: the 5-Tratic flatal flat, the blat, spine, and other conical signboards accompanied by the nephical ppuri disease certificate).
② During the above period of hospitalization, there were details on the Defendant’s name card at a place outside the vicinity of the foregoing C Hospital, such as F station located in Gwangju Northern-gu, G store located in Gwangju North-gu, and H department store located in Gwangju-gu.
(3) The C Hospital Nursing Record Book for the accused has no total of 54 times per day during the period of hospitalization.
(4) The main contents of treatment during the period of hospitalization are medication and physical therapy.