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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In so determining, the lower court erred by misapprehending the legal doctrine and misunderstanding of facts, even though the Defendant did not constitute a crime of fraud.
B. The sentence sentenced by the court below to the defendant (the punishment amounting to 3.5 million won, the suspended sentence of 2 years) is too unreasonable.
2. The lower court, based on the evidence duly adopted and investigated, found the following circumstances, i.e., the Defendant collected money under the so-called service cost and paid it to AH, and had AH prepare “L fishing village fraternity production activity data” with the content that the Defendant arbitrarily calculated the individual amount of operation based on the amount of compensation received from AG Co., Ltd.; and the Defendant was the chief of a fishing village fraternity at the time.
The N, etc. seems to have received personal production records that form the basis of the above data in preparation for the actual inspection. Furthermore, in order to calculate the compensation for damage to sericultural fishery business, the above operation should be proven as having been carried out by diving without a oxygen supply device for not less than 60 days annually, and the above operation should be proven as having been carried out by diving fishery performance data. In light of the above circumstances, it is judged that the data submitted by the defendant for this purpose is false or false, and the defendant also was aware of the fact that the above performance data was falsely prepared, in light of the above circumstances, it is recognized that the defendant had been aware of the fact that the above performance data was falsely prepared.
In this context, the following circumstances recognized by the court below based on the above evidence, namely, the injured party’s Ulsan Regional Fisheries Administration, etc., appears to have calculated the Defendant’s compensation on the basis of the materials on the production activities of the L fishing village fraternity submitted by the Defendant, or the individual comments of the injured party, and the Ulsan Regional Fisheries Administration, etc., of the injured party.