[사기미수][공1999.4.15.(80),709]
In the event that the procedures for the provision of subsidies for typhoon damage recovery are confirmed to be a victim by a due diligence conducted by an administrative authority, whether a false report on damage alone can be deemed a commencement of the implementation of fraud (negative)
In the event that the procedures for the provision of subsidies for typhoon damage recovery are confirmed to be a victim through a due diligence by an administrative authority, it cannot be deemed that a false report on damage is a commencement of the execution of the crime of defraudation of the above subsidies solely on the ground that the State is merely a reference material to initiate the ex officio investigation in determining whether to grant subsidies or whether to grant subsidies.
Article 347 of the Criminal Act
Defendant
Prosecutor
Daejeon District Court Decision 97No1814 delivered on September 4, 1998
The appeal is dismissed.
We examine the grounds of appeal.
According to the records, a series of procedures by which fishermen damaged by typhoons receive a subsidy from the State, such as this case, first of all, the head of Eup/Myeon shall report the amount of damage and the amount of damage to the head of the Gun, etc. on the basis of the local report of damage reported by the fishermen damaged by typhoons, etc., and the head of the Gun, etc. shall report the amount of damage and the amount of damage to the head of the Gun, and the head of the Central Disaster Countermeasures Headquarters shall, in the case of severe damage on the basis of the damage concentration situation reported by the Mayor/Do Governor, select the central joint investigation team in the case of minor damage, and the amount of damage investigated and verified by the Si/Do self-investigation team in the case of minor damage, submit an application for the subsidy for damage recovery to the Gun office to obtain the decision to grant the subsidy, and thereafter, the above subsidy has been actually implemented only when the operator actually conducted and completed the relevant restoration project. In light of the above procedures, the report of damage to the damaged people by typhoons can only be made ex officio as the defendant and the extent of the above subsidy.
In the same purport, in this case where the defendant reported the above false damage but was found not to have suffered damage, and the defendant was prosecuted for attempted fraud of the damage recovery subsidy, the court below's dismissal of the prosecutor's appeal against the judgment of the court of first instance which acquitted the defendant on the ground that the above false report alone cannot be deemed to have commenced the crime of fraud is just, and contrary to the allegations in the grounds of appeal, the court below did not err in the misapprehension of legal principles as to the timing of commencement, etc. of the crime of fraud.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Yong-hun (Presiding Justice)