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(영문) 서울중앙지방법원 2016.10.28 2016노3199

사기

Text

The prosecutor's appeal is dismissed.

Reasons

With respect to the summary of the grounds for appeal (De facto mistake) insurance contracts (hereinafter “instant insurance contract”) dated September 14, 2012, the Defendant did not have the intent and ability to continue to pay the insurance premium.

With respect to the insurance contract of February 28, 2013 (hereinafter “instant Type 2 insurance contract”) and the insurance contract of March 19, 2013 (hereinafter “instant Type 3 insurance contract”), the Defendant was aware that E does not have the intent and ability to continue to pay the insurance premium.

It should be deemed that the insurance inducement allowance was acquired by deception in collusion with E.

2. In full view of the following circumstances acknowledged by the evidence examined in the lower court’s reasoning of innocence revealed by the lower court, the lower court’s determination that the evidence alone, which was submitted by the prosecutor, is insufficient to prove that the Defendant had a criminal intent to acquire fraud is correct.

[Case No. 1 insurance contract of this case] Although the monthly revenue of the defendant was 20 million won or more, the monthly revenue of the "L" mining center operated by the defendant seems to have exceeded the above monthly revenue.

While the defendant paid the insurance premium of KRW 120,000 directly for the six-time minutes, the one-time insurance premium (20,000) has been lent to E, but it seems to have been repaid later;

E Insurance inducement allowances were 4,80,000 won.

E was financially supported by the Defendant for fraud before entering into the first insurance contract of this case.

It is difficult to see that the defendant has been written with some insurance inducement allowances from E.

[Case Nos. 2 and 3 insurance contracts of this case] Defendant paid 2.6 million won as insurance premiums of the second insurance contract of this case with the amount received from E, and KRW 2.6 million as insurance premiums of the third insurance contract (two minutes). On the other hand, Defendant paid KRW 151,68,352 as insurance premiums of the second insurance contract of this case. The insurance inducement allowance received from E was KRW 151,68,352.

Insurance attraction allowance is the money that should be refunded to the insurance company when the insurance contract is terminated.

In this case.