사기등
The defendant shall be innocent.
1. Around June 25, 2008, the Defendant: (a) purchased at the E Hospital located in Sinsan-si, the Insurance Counseling Co., Ltd., the victim LIG Damage Insurance Co., Ltd. (hereinafter referred to as the “Insurance Co., Ltd.”); (b) purchased (free) sales-related insurance products with a certain amount of insurance money for which a medical examination was conducted within the recent five years; and (c) received surgery, hospitalization, heart or radiation, health examination, etc.; or (d) received no medical treatment or administered for at least 7 days continuously or for at least 30 days.
However, in fact, from August 25, 2006 to September 1, 2006, the Defendant was suffering from high blood pressure from G hospital to high blood pressure, and from high blood pressure and urology from around 26 to 30 of the same month to at H hospital.
The defendant, after concluding an insurance contract with the victim, has entered into the same year from February 20, 2012 due to high blood pressure, urology, etc.
3. From March 26, 2012, after receiving hospitalized treatment at an I Hospital, the victim claimed insurance money and acquired it by deceit on or around March 26, 2012.
2. The deception as a requirement for fraud means any affirmative or passive act that has a good faith and sincerity to comply with each other in a property transaction. The deception by omission refers to a person subject to the duty of disclosure under the law does not inform the other party of a certain fact with knowledge that the other party has been involved in a mistake (see, e.g., Supreme Court Decision 2005Do8645, Feb. 23, 2006). If a person suffering from a specific disease enters into an insurance contract with an insurance company and then claims the insurance money on the grounds of the occurrence of the disease without notifying the insurer of the duty of disclosure as to the terms and conditions set forth by the insurance company, unless there are special circumstances.