사기
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the Defendants conspired with the Defendant, the producer of F (hereinafter “the horses of this case”), obtained pecuniary benefits equivalent to KRW 1,761,00,000, which is 50% of the insurance premium, by deceiving the victim to purchase the livestock disaster insurance for the horses owned by him, and Defendant A, in collusion with either directly or in collusion with a third party, obtained the above horses of this case by deceiving the victim to pay KRW 2,376,00,00,00 of the insurance premium, even though the said horses were artificially injured.
2. Determination
A. The summary of the facts charged in the instant case is that Defendant A: (a) was a man who is entrusted with fostering horses, etc. from the maju to the teaching staff of the Korean Racing Association in Jeju-si; and (b) Defendant B was donated by Defendant A with a “F (variety: Rbrid, gender: cancer, date of birth: G)” and produced “F (F)”.
The indictment and the judgment of the court below indicated that Defendant B received a donation of “F” from Defendant A, but according to the records, Defendant B received a donation of “K” from Defendant A, and the production of “F” does not appear to violate the Defendants’ right to defense. Thus, the judgment below modified ex officio.
1) The Defendants’ joint crime (the defraudedation of subsidies by Defendant A was entrusted by Defendant B in a consignment of “F” in around 2009 and managed the said horses at the I farm operated by Defendant A in Jeju H.
Defendant
A On August 11, 2011, Defendant B mediated a sales contract to sell the said horses to J for KRW 30 million, and when a person registered with the Korean Racing Association as a producer purchases livestock disaster insurance, he/she is registered as the producer by using 50% of the premiums to support the victim with the Ministry for Food, Agriculture, Forestry and Fisheries.