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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal is that the Defendant did not have any intention to deception the victim at the time of entering into the instant insurance contract, or to defraud the insurance money.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant was hospitalized at a hospital in Suwon on October 15, 2001 with hepatitis, urine, and chronitis and discharged on November 26, 2001.
On November 15, 2002, the Defendant subscribed to the “non-distribution belivied Favour Credit Insurance” with the content that the Defendant, who had been in Ansan-si, was “a major adult disease, is diagnosed and confirmed as a major adult disease, and the insurance money is paid according to the number of days of hospitalization at the time of continued hospitalization for the purpose of treatment at least 31 days.”
In such a case, without notifying the insurer of important matters that might have a significant impact on the determination of whether to conclude an insurance contract, such as the fact that the insurer received treatment as a major adult disease in the course of consultation prior to the conclusion of the contract, the insurer’s response to the question of “Is to undergo a diagnosis, diagnosis, and examination within the past five years, and undergo hospitalization, surgery, or close inspection, for at least seven consecutive days, or for at least 30 days,” in the insurance subscription form, the insurer entered into an insurance contract with D insurance solicitors, who are victims of life insurance companies, without concealing the fact that the insurer was hospitalized by the doctor during the latest five years.”
Since September 12, 2005, the defendant is a victim life insurance company on September 12, 2005.