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(영문) 수원지방법원 2017.12.01 2017노681

축산물위생관리법위반등

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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, only claimed insurance money to the damaged insurance company by receiving a diagnosis from the veterinarian F with respect to a non-permanent impossible lawsuit, 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 charges.

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

2. Determination 1 on the assertion of misunderstanding of facts

On January 6, 2011, when the Defendant ships the Defendant’s normal lawsuit (this card number: D) within Pyeongtaek-si farm, the Defendant made a false contract that he purchased and sold KRW 100,000 to E, a seller, even though there was no fact of selling KRW 100,000,00, and the veterinarian F received KRW 50,000,000 as shown in the attached Table 1 (hereinafter “crime table”) from the damaged insurance company on February 1, 201, by preparing three copies of the false diagnosis of the lawsuit, which was opened so as to be seen as a non-permanent cattle, and submitting them to G insurance company on January 27, 2011, the Defendant acquired KRW 2036,378,000, as shown in the attached Table 1 (hereinafter “crime table”) from the damaged insurance company on February 1, 2011.

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) Comprehensively taking account of the following circumstances acknowledged by the records of the party deliberation, the Defendant is recorded in this part of the facts charged.