beta
(영문) 부산지방법원 동부지원 2018.02.08 2017고단249

사기

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was that the Defendant entered into an insurance contract, around January 29, 2013, which called “(free) LIG (A) General Insurance” with the victim KB non-life insurance company, as a person who operates an “E cafeteria” on the second floor of the building D in Suwon-gu, Busan.

The Defendant: (a) caused damage to the merchants of the first floor of the foregoing D D D, which occurred in the foregoing “E cafeteria”; (b) was continuously demanded from the president F, etc. of the 1st floor merchant’s association to compensate for water leakage and damage; (c) was discussed in the management office located on the 11st floor of the said D D building on July 2013; (d) was trying to perform damage and repair works for the first floor merchants using the said insurance in which the Defendant subscribed, while discussing the issues concerning water leakage and damage compensation. (d) the victim was willing to claim for insurance money as if the instant water leakage occurred on April 201, 2013 after the insurance contract of the Defendant.

Accordingly, on July 26, 2013, the Defendant filed a claim for insurance money with the purport that “The Defendant would cause damage to the frequency of stores located on the first floor below the water leakage level, which occurred around April 2013, and thus, would cause the payment of insurance money under an insurance contract.”

However, in fact, the number of leakages occurred from the defendant's store had occurred before entering into an insurance contract, and since March 201, from the time of the claim for the insurance proceeds of this case to the time of the claim for the insurance proceeds of this case, the defendant's statement that the leakage occurred around April 2013 was false.

The defendant deceivings the victim as above and receives KRW 4.9 million from the victim's insurance proceeds to the Agricultural Cooperative Account under the name of the defendant on November 14, 2013, such as receiving KRW 4.9 million from November 1, 2013 to November 14, 2013, totaling KRW 54.9 million ( KRW 5 million on November 1, 2013, KRW 25 million, and KRW 5 million on November 14, 2013; and KRW 5 million on November 14, 2013;