A. The Defendant, who violated the duty of disclosure, did not know that he had to notify the victim insurance company of the fact that he was receiving treatment due to kidne diseases when purchasing the instant insurance contract.

(In the original trial, the above intention was recognized, but it was the result that the defendant's defense counsel did not sufficiently confirm the defendant's intention, and thus, it is reversed in the first instance).

Even if the breach of duty of disclosure is recognized even if the breach of duty of disclosure is committed, if two years (five years if the contract was concluded by clear fraud, such as the forgery or alteration of the medical certificate) have passed after the purchase of the insurance, the insurance company cannot terminate the contract. Thus, the mere breach of duty of disclosure, such as the case of this case, cannot be viewed as fraud.

In the instant case, the Defendant did not mention the content that the contract may be punished as a crime of fraud, even though it stated that the contract may be terminated or guaranteed if the Defendant violated the obligation to notify prior to the contract, and there is no mentioning that it may be punished as a crime of fraud. As such, the Defendant did not know that it may be punished as a crime of fraud if he violated the obligation to notify.

C. The victim insurance company with the victim’s consent pays insurance proceeds after undergoing due process of review of payment of insurance proceeds, which constitutes the consent of the victim whose illegality is excluded.

2. Judgment on the defendant's assertion of mistake of facts

A. The summary of the facts charged in the instant case is that the Defendant was subject to a tissue extension inspection in around 1997, and thereafter, the Defendant did not notify the insurance company of the fact that he had received medical treatment for extension at the F Hospital located in Busan Dong-gu E, but did not intend to receive the insurance money. On November 23, 2005, the Defendant did not pay the insurance money to the Korea-Japan Life Insurance Co., Ltd. which is the victim.