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(영문) 서울서부지방법원 2019.07.17 2019고합65
현주건조물방화등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant leased underground floor from the building on the 4th and the 1st underground floor in Eunpyeong-gu Seoul Metropolitan Government and operated the “C”, and the 3 and 4th floor of the above building are used as residence.

On April 30, 2018, the Defendant entered into a “F Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. (hereinafter “Co., Ltd.”) and paid KRW 100,000 as insurance premium on the same day, paid KRW 100,000,000,000,000,000,000.

1. On May 5, 2018, the Defendant: (a) destroyed a structure used as a residence by setting fire to a incombustible tool that was possessed by the said gate; and (b) setting fire to the inner floor, wall surface, ceiling, etc. inside the gate in the breadth of the building; and (c) setting fire to the inner floor, wall, ceiling, etc. of the gate.

2. On May 8, 2018, the Defendant violated the Special Act on Insurance Fraud Prevention: (a) notified a fire to an insurance solicitor H on May 8, 2018; (b) notified him/her of the fire; (c) informed him/her of the fire; and (d) informed him/her of the fact that a fire was caused by an unrefinite fire while the Defendant got out of the fire; and (c) provided him/her with a false statement as if the unrefinite fire was caused; and (d) submitted the documents to claim insurance proceeds on May 18, 2018 to an adjuster J on May 24, 2018; and (d) attempted to receive insurance proceeds by refusing to pay the insurance proceeds in E/S which was suspected of fire prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, K, I, H, and L;

1. A report on the occurrence (fire), on-site identification report, field photo, internal investigation report (on-site closeness), internal investigation report (on-site seal), application form for an insurance contract, each security CCTV photograph (on No. 23,30), a photograph to cut down CCTV images (on No. 26), a photograph to cut down the CCTV images (on No. 28), a legal chemical assessment statement, a legal safety assessment statement, a report on the occurrence of a fire incident, the details of requests for meeting, house-to-house and equipment, and fire insurance policy statement, digital information.

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