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(영문) 대전지방법원 천안지원 2019.02.20 2018고합153
현주건조물방화미수등
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged is the husband and wife, and C, D, E, and F are the children of the Defendants.

While the Defendants were in an economically difficult situation, they consider that the Defendants and their children are subscribed to the “H” to receive maximum of KRW 150,000,000 when they live in Seo-gu G in Seo-gu, Seo-gu, Seo-gu, Incheon and intended to receive insurance proceeds after having paid the said house.

At around 05:30 on December 23, 2016, the Defendants attempted to catch the house with gasoline roots and fire with a fluorous method in a three-round room. However, the Defendants tried to fluorize the house with water from a toilet with a fluor, a fluor in a fluorial length.

As a result, the Defendants conspired to fire a structure used as a residence by setting fire, but did not bring about such intent, but did not commit an attempted crime.

B. On December 23, 2016, Defendants in violation of the Special Act on Insurance Fraud Prevention prepared a claim for insurance money as if the Defendants intentionally paid the said house due to an unforeseen cause, and submitted it to the victim I Co., Ltd. via a certified damage adjuster, even though the Defendants intentionally paid the said house, as described in the preceding paragraph.

As a result, the Defendants conspired to acquire KRW 4,727,805 from the victim of an insurance fraud act, but failed to commit an attempted crime without having the intent to pay insurance money to the victim suspected of insurance fraud.

2. The Defendants and the defense counsel did not agree to receive the insurance money in collusion for the purpose of receiving the insurance money.

3. In light of the following circumstances revealed by the evidence duly adopted and investigated by the court, the evidence alone presented by the prosecutor was sufficient to post gasoline shot in the house and attempted to commit an insurance fraud.

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