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(영문) 광주지방법원 순천지원 2017.09.07 2017고합150
일반건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who, from July 1, 2015, rents the first underground floor from D to the owner of the building of the third floor and the first floor above the ground located in YY as from July 1, 2015, to operate a singing room with the trade name “E”, which is leased from D to KRW 10 million per month, and KRW 9 million per month.

On February 26, 2017, the Defendant: (a) failed to pay rent for three months due to the recent singing room business; (b) failed to take over the said rent even if he/she intends to discontinue his/her singing room business; and (c) failed to take over the said rent for three months; and (d) failed to take part in the fire insurance policy of KRW 150,000,000; and (c) failed to take part in the singing room to receive the insurance money.

2. At around 09:20 on February 26, 2017, the Defendant: (a) puts the guns into a newspaper box in front of the camera at the instant singing box; (b) cut off half of the discontinuance of the cameras above; (c) put them into a newspaper by attaching a fire to a stop for a day and moved them into a newspaper; and (d) put them up up up to a camera, singing room, etc.

Accordingly, the Defendant: (a) destroyed 150 square meters of a singing room, which is the first floor of the building owned by D, by setting fire.

3. On March 22, 2017, the Defendant, who attempted to commit fraud, submitted a claim for insurance money to the effect that the Defendant would demand payment of KRW 14,179,500 of the insurance money to the victim through H, who was delegated by the victim’s fire and marine insurance company at the same time as the above paragraph 2, even though the Defendant intentionally committed fire at the G coffee shop located in F, 15:00 on March 22, 2017, by concealing the fact. However, the Defendant was unable to receive insurance money due to the wind that the victim would be suspected of the fire-prevention of the Defendant and thus refusing payment of the insurance money.

Accordingly, the defendant, by deceiving the victim, received insurance money from the injured party, but did not bring about such intent but did not commit an attempted crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of I and H 1.

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