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(영문) 서울중앙지방법원 2020.09.01 2020노160

무고등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Even according to the Defendant’s statement at the investigative agency’s summary of the grounds for appeal, in full view of the following: (a) the Defendant was aware of the fact that he/she was insured through C; and (b) the Defendant’s response to the phone calls asked for confirmation of the purchase by the insurance company; (c) the Defendant’s statement at the investigative agency; and (d) the content of the text messages sent by C, C, and C, the Defendant could sufficiently recognize the fact that the Defendant reported false facts; and (d) the fact that the Defendant acquired insurance proceeds by deceiving C, H, and

2. Judgment on the assertion of mistake of facts

A. A. A summary of the facts charged of this case 1) On November 7, 2016, the Defendant filed a complaint related to the purchase of life insurance with the Defendant’s insurance premium for a certain period of time due to the issue of returning fees already received from an insurance company upon the lapse of 18 months after the conclusion of the insurance contract, and around December 2017, the Defendant purchased the insurance premium to B (State) through an insurance solicitor C, an insurance solicitor, a branch of the Defendant, the insured, and the beneficiary D or statutory heir, which was difficult to pay due to economic difficulties. Since the insurance contract was terminated before the lapse of 18 months after the conclusion of the insurance contract, C had the Defendant paid the insurance premium for a certain period of time due to the issue of returning fees, etc. already received from the insurance company upon the termination of the insurance contract, and the Defendant requested C to return the insurance premium upon the claim of defects in the procedures, and concluded the insurance premium return from the above insurance company, the insurance company’s agent, the insurance company’s fraud and fraud.

Accordingly, the defendant in 2018.