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(영문) 서울중앙지방법원 2018.12.19 2017고단8868
보험사기방지특별법위반
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

The defendant and B in the facts charged are married couple, B, who was diagnosed with a disease at this hospital, concealed it and purchased insurance, and were willing to receive insurance money in case B dies of a disease.

1. The Defendant and B who attempted to commit fraud against the Victim C (State) in the residence of the Defendant and B located in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, and E, and the Defendant enter into an insurance contract as the contractor, the insurance beneficiary, and the insured Party B as the insured. On September 5, 2015, the insured Party B entered into an insurance contract as the insured Party B’s insured worker B’s insured worker G from the F Hospital on September 5, 2015 and undergo an examination after being hospitalized by the doctor G as there is a suspicion of a serious abnormal disease, chronic disease, etc.

Although being recommended to be "the obligation to inform before the contract," the column of "the obligation to inform before the contract" in the letter of subscription contains the fact that a doctor received medical practice such as confirmation of a disease, diagnosis of a disease, heart opinion, treatment, hospitalization, surgery, medication, through a diagnosis or examination within the last three months.

The Defendant prepared a false written offer stating that “not” is “not in the questionnaire and received approval from H to the victim company (hereinafter “instant insurance contract”). The written indictment around October 9, 2016 stated that the Defendant died on or around June 3, 2016, but according to the written indictment of death, it appears that it was a clerical error in the written indictment of death on October 9, 2016.

In the J Hospital located in Dongjak-gu Seoul Metropolitan Government I, the insured B died of a acute brupt leukosis, and around December 26, 2016, the victim company attempted to obtain an equivalent amount of property interest by preparing and submitting a written claim to request the victim company to pay KRW 100 million of the death insurance money due to disease. However, the victim company did not refuse payment due to the victim company's breach of duty of notification and did not commit an attempted act.

2. On October 15, 2015, the Defendant and B who attempted to commit fraud to the Victim K (State) are two insurance contracts as the contractor, the beneficiary, and the insured person B, in the above Defendant and B’s residence, and as the insured person.

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