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(영문) 대전지방법원천안지원 2020.10.30 2019고단3184
보험사기방지특별법위반
Text

Defendants are not guilty.

Reasons

1. Defendant A is a spouse of H on August 3, 2017, who served as a F Co., Ltd. (hereinafter “damage Co., Ltd.”) G insurance solicitor located in Dong-gu, Nam-gu, Dong-gu, Seoul (hereinafter “damage Co., Ltd.”) from October 2009 to December 2017.

Defendant

B is a person working as the head of the above G insurance design team, and Defendant C is a person working as the above G insurance solicitor, and Defendant D is a person working as the head of the above G branch.

Defendant

A around August 18, 2011, the Defendant: (a) concluded a contract with the victimized company (hereinafter “this case’s insurance”) with the husband and the insured; (b) with the husband as the beneficiary of the Plaintiff’s H, and (c) with the victim company (hereinafter “this case’s insurance”); (c) in fact, the husband H had the scooda’s license as a hobby at the time when she had the scooda’s license; and (d) did not possess the scooda’s license as to the “ obligation prior to the contract” but did not engage in the relevant activity; and (c) submitted it to the victimized company and had the victimized company enter into this case’s insurance contract knowing the above facts.

On the other hand, this case’s insurance contract was invalidated on July 1, 2017 due to the unpaid insurance premium, and the Defendant was well aware of the above facts from H around July 2017, and around 13:48, around August 3, 2017, H died while scood ice was in the vicinity of the scoodo in Scoodo on August 3, 2017, the insurance contract was invalidated before H died, and H was able to receive insurance money from the victimized company.

Accordingly, on August 3, 2017, the Defendant notified B of the death of H by telephone on August 14:35, 2017, and requested C to pay unpaid premiums on July 16:21 of the same day. The Defendant requested C to pay unpaid premiums on July 2017.

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