Defendant and G have caused damage to the merchants of the 1st floor of the above E E building caused by water leakage in the above “H restaurant” and continued to demand water waterproof and damage compensation from the president I, etc. of the 11st floor of the E building on July 2013, the Defendant and G agreed to compensate and repair the damage to the 1st floor by using the insurance purchased by the Defendant and G while discussing the issues concerning water leakage compensation with the 11st floor of the above E building: (a) the Defendant and G agreed to compensate and repair the damage to the 1st floor merchants by using the insurance purchased by the Defendant and G; and (b) the Defendant knew of the circumstances that it is impossible to receive the insurance money due to the occurrence of the insurance accident after the date of the insurance contract; (c) although he knew of the fact that G was unable to receive the insurance money from the beginning of July 2013, the date of the insurance contract.

Giving advice to the purport that “an insurance process will be carried out,” and the above I, J, and K requested that “When an inspection is conducted in the insurance, the insurance will become aware of the fact that it would be carried out in the first time, and would make an application for the insurance.”

Accordingly, on July 26, 2013, G filed a claim for insurance proceeds with the purport that “as damage occurs to the frequency of stores located on the first floor below the water leakages occurred at around April 2013, G” with the victim’s statement to the effect that “The payment of insurance proceeds under an insurance contract is different,” and the Defendant stated to the effect that the water leakage on the part of the insurance company from the actual inspection was occurred around March 2013.

However, the statement of the defendant that the leakage occurred on March 2013 was false since G had occurred prior to entering into an insurance contract (the written indictment).