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(영문) 인천지방법원 2015.11.05 2015고단4905
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On January 10, 2014, the Defendant subscribed to insurance on the condition that the Defendant would pay KRW 42,570 per month, setting the contract period by January 10, 208, with the term of the contract fixed by the victim M-Baset1310.

The Defendant, while taking out the above insurance, was found to have received medical practice through a medical examination or examination from a doctor within the past three months of the column of the obligation to notify the contract before entering into the insurance contract, and was found to have taken advantage of the fact that the Defendant used narcotics or taken drugs, such as blood pressure and degradation during the last three months, and was found to have undergone an additional examination through a medical examination or examination within the last one year, and was found to have undergone an additional examination by a doctor during the last five years, and was found to have undergone a medical practice by a doctor through a medical examination or examination during the last five years.

However, on December 3, 2013, which was prior to the purchase of the above insurance, the Defendant was hospitalized and treated for outpatients due to a traffic accident that occurred on December 3, 2013, after being diagnosed by MRI on December 27, 2013 through the inspection of MRI, etc. at the Macheon National University Hospital, and received hospital treatment due to a traffic accident that occurred before January 10, 2014 from the date of the purchase of the above insurance.

As such, on October 3, 2014, the Defendant was hospitalized in a hospital on the ground that he had taken out an insurance policy after deceiving the victim and had taken out an insurance policy on August 17, 2014, and claimed KRW 1,360,000 from the victim on October 6, 2014, and received KRW 3,808,610 for all four occasions as indicated in the list of crimes in the attached Table.

2. Determination

A. Even if the policyholder concludes a life insurance contract with the insurer in violation of the obligation of disclosure under the Commercial Act, the insurance money is an insurance contract.

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