logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.05.12 2016노1712
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. In light of the number of insurance products (2 cases in 2007, 3 cases in 2008, 2009, 2009, 1 case in 2010), and the Defendant’s income, the lower court determined that the Defendant’s criminal intent was recognized on the grounds that the number of insurance products that the Defendant joined was excessive and the insurance premium was excessive.

In addition, the judgment of the court below shows contradictions in its reasoning, which constitutes "when there is contradictions in the reasoning of the judgment" as the grounds for appeal prescribed in Article 361-5 subparagraph 11 of the Criminal Procedure Act.

B. In fact, misunderstanding of legal principles and misunderstanding M branch damage insurance company filed a civil lawsuit seeking the invalidation of the insurance contract and the return of the insurance amount received unfairly against the defendant (the first instance case number: Incheon District Court 2013Gadan 236474, and the appellate court case number: Incheon District Court 2014Na 2014Na 559499). The defendant's claim against M branch damage insurance company was dismissed in the civil lawsuit.

In addition, the Korea-U.S. Co., Ltd. also filed a civil suit (number of cases in Incheon District Court 2015 Ghana 226914) claiming the invalidation of the insurance contract against the Defendant and claiming the return of the delayed damage amount equivalent to the insurance amount already paid, but the decision to recommend reconciliation between the above company and the Defendant was finalized in the above civil procedure, stating that “The Korea-U.S. Non-Life Insurance Co., Ltd. waives its claim against the Defendant for KRW 44,273,051.”

In light of the above results of civil procedure, since the part of the judgment of the court below as guilty as to M land damage insurance company and the part as to Korean currency damage insurance company should be found not guilty, the judgment of the court below contains an error of law by misunderstanding facts or misunderstanding legal principles as to the above part (the defendant at the original court).

arrow