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(영문) 수원지방법원 2017.12.01 2016노7129

축산물위생관리법위반등

Text

The judgment below

The guilty portion shall be 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 1) The Defendant, who is not a normal lawsuit, claimed insurance money to the damaged insurance company by issuing a medical certificate to the veterinarian F with respect to a non-permanent action, not a normal lawsuit, and there is no fact of deceiving the damaged insurance company and deceiving the insurance money as stated in this part of the facts charged.

2) The sentence of the lower court (an amount of KRW 6 million) that is unfair in sentencing is too unreasonable.

2. Judgment 1 on the assertion of misunderstanding the fact-finding 1) The summary of this part of the facts charged is that the Defendant, who operates a stock farm in Pyeongtaek-si C, was aware of the acquisition of livestock disaster insurance proceeds operated with a government subsidy of 50%.

On March 7, 2012, the Defendant: (a) made a false contract with E, a seller, to sell KRW 100,000 when shipping a normal cattle owned by the Defendant at the above farm (this ticket number: D); (b) obtained a false diagnosis of KRW 50,00,00 and 50,000, which stated that K, a veterinarian F, is an injury for which insurance money is paid; and (c) prepared three copies of the photograph of the cattle that he/she sits to be seen as non-permanent cattle, and submitted them to the damaged insurance company B on March 13, 2012; and (d) obtained on March 19, 2012 from the damaged insurance company, the Defendant acquired KRW 2,817,560 and entered them on March 19, 201, the sum of KRW 10,000 and KRW 250,000,000 as shown in the judgment of the lower court (hereinafter “crime table”).

2) In full view of the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant constituted a crime of fraud, on the grounds that, as stated in this part of the facts charged, the lower court recognized the fact that the Defendant acquired insurance proceeds by means of claiming the insurance proceeds to the damaged insurance company by obtaining a false purchase and sale agreement

3) In full view of the following circumstances that can be recognized by the records of the party’s deliberation, the Defendant raised objection.