사기미수
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Fact-misunderstanding and legal principles 1) The Defendant: (a) purchased D (hereinafter “the instant vessel”) in KRW 150 million; (b) but (c) accepted the instant vessel as new ones by bringing a lot of effort and repair costs; (d) there was no ground for the sales price of the instant vessel; and (c) there was no reason for preparing a false vessel sales contract in a planned manner from the beginning.
In a critical situation due to the accident of the sinking of the instant vessel (hereinafter “the instant accident”), the Defendant’s false statement about the purchase price and submitting a false ship sales contract cannot be deemed to have exceeded the extent that it can be acceptable as a means of exercising the right in light of social norms. The Defendant did not intend to commit fraud in the course of reporting the instant accident to G, “in order to increase the appraisal value of the instant vessel,” and the Defendant did not intend to commit fraud in the course of reporting the instant accident to “in order to receive excessive payment of insurance proceeds from the instant accident,” since the purchase price of each instant vessel was not false to the adjuster and K.
2) In most cases, water enters the engine room, and in which case the operation of the vessel does not affect separately.
The Defendant did not actively repair the instant vessel with the knowledge that the instant vessel had been driven by water, but the instant accident occurred by sinking between the instant vessel and the instant vessel without any gaps in taking appropriate measures in a situation where the Defendant could not have anticipated at all. Therefore, there was no intention to commit fraud by the Defendant.
3) The Defendant did not claim insurance money to the victim H Co., Ltd., and only reported the insurance accident to the insurance broker, and there was a commencement of the execution of the fraud of insurance money.
The defendant may not claim insurance money against the victim company by the Industrial Bank of Korea as the pledgee.