사기등
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is the fraud of insurance proceeds: around February 2014, the Defendant and D et al. suffered damage, such as failure to conduct fishing operations due to oil leakage that occurred in front of Busan Sea, and received insurance proceeds as compensation for such damage.
On October 21, 2016, the fraud of fishing vessel rent: from September 5, 2016 to September 7, 2016, the Defendant participated in the victims' co-ordination work under the supervision of the victims.
In the event of forgery of private documents and the event of a falsified survey document: the Defendant sold fishery products to BB who is a partner of the trade, and received a trading list in the name of BB.
The Defendant spent KRW 20,183,390,00 in excess of KRW 20,000,000 in the name of self-charges for the production of a log raft for multi-purpose maritime joint operations.
2. Determination
A. On October 21, 2016, the Defendant also asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the Defendant’s assertion and convicted the Defendant of this part of the facts charged on the grounds stated in its reasoning.
In light of the relevant legal principles, the judgment of the court below is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts.
Therefore, this part of the defendant's assertion of mistake is without merit.
B. The lower court also asserted that the Defendant’s assertion regarding the crime of occupational embezzlement is identical to the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and convicted the Defendant of this part of the facts charged on the grounds as indicated in its reasoning.
The court below duly adopted and examined the evidence.