사기등
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.
1. Scope of the judgment of this court;
A. The lower court found the Defendant guilty of the fraud regarding M among the facts charged in the instant case, and sentenced the Defendant to one year of imprisonment, and sentenced the Defendant not guilty of the remaining facts charged, namely, the violation of the Animal Protection Act relating to F, and the fraud regarding G and H. Accordingly, the Defendant appealed to the acquittal portion on the grounds of misunderstanding of facts and misapprehension of legal principles as to the acquittal portion on the grounds of wrongful sentencing and sentencing.
B. Prior to remand, the judgment of the first instance court dismissed all the above appeals by the Defendant and the Prosecutor, and only the Defendant argued the mistake of facts as to the conviction part, and the remanded judgment reversed the conviction part of the judgment of the first instance court prior to remand on the ground that it erred by misapprehending the legal principles as to the intention in fraud.
(c)
Therefore, since the portion of the judgment of the court below which was acquitted against the defendant was confirmed as the prosecutor did not appeal, the scope of the trial after the return is limited to the reversed portion of conviction.
2. Reasons for appeal by the defendant;
A. In fact, even though the Defendant, as stated in this part of the facts charged, inflicted an injury on the right side of M with respect to the rear bridge, he did not deceiving the Nonghyup Non-Life Insurance Co., Ltd. (hereinafter “Agricultural Co., Ltd.”) to obtain insurance money by deceiving the said horses as if he suffered an injury due to an friendly accident.
B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
3. Determination
A. On July 29, 2011, K, the owner of J farm located at I in Jeju City, subscribed to a livestock disaster insurance (insurance contractor: K, the insured worker: L: July 29, 201; July 201; 45 million won; the insured amount; the Defendant managed the said horses.
The Defendant is on November 1, 201, ranked around 201.