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(영문) 서울남부지방법원 2014.05.01 2014노107
사기미수
Text

The judgment of the court below is reversed.

The Defendants publish the summary of the judgment of innocence against the Defendants not guilty.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendants merely stated in the “liability to inform the entire contract” column in the written subscription for insurance contracts as indicated in the lower judgment; (b) even if they stated otherwise as a result of the said written subscription, not only at the time of entering into an insurance contract but also at the time of claiming the payment of insurance proceeds on March 14, 2012, the Defendants did not have the intent to deceive the victim insurance company; (c) the

2. Determination

A. On June 18, 2009, the Defendants in the facts charged of this case entered into an insurance contract with E, a business employee of the victim company with Defendant D, Guro-gu Seoul Metropolitan Government 501 Dong 1502 as the insurance contractor, Defendant B as the insurance beneficiary, and “non-distribution Alphphus Guarantee Insurance Contract” with the “compus’s obligation to notify before the contract” as the result of a diagnosis and examination conducted by a doctor within the last three months, “(3) days before the examination and examination, whether the treatment, hospitalization, surgery, medication was damp; (4) days after which the examination was conducted by the doctor, or written indictment ("detailed diagnosis," but this is a clerical error in the "detailed examination," or at least seven (7) days consecutively after the examination or after the examination conducted by the doctor, the examination was conducted within the latest five (7) years before the date of the examination and examination, the examination was conducted within the latest five (4) years after the diagnosis and examination conducted by the doctor, the examination was conducted within the first five (4) years after the diagnosis and examination.

However, the defendant B was under the examination of chronic hepatitis B infection at the Seoul Alternative Hospital on April 23, 2008.

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