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(영문) 제주지방법원 2015.12.08 2014고단1367
사기미수등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates “D” in Western-si C.

1. No person who violates the Animal Protection Act shall kill an animal without justifiable grounds, such as necessity for veterinary treatment and harm to people's life, body, or property caused by animals;

On December 16, 2012, between 12:00 to 14:00 on December 16, 2012, the Defendant died of the head of the horse that “F” (variety: Brerblet, gender, date of birth: G) owned by E was unable to function as a racing, and gave instructions to the winners of the horse three times. In addition, the Defendant died of the head of the horse due to a dubing of the inner dub, etc. around that time.

Accordingly, the Defendant died of an animal without any justifiable reason.

2. On October 27, 201, the Defendant attempted to commit fraud: (a) received racing F from HI on a free of charge on October 27, 201; (b) owned approximately one month; and (c) purchased KRW 43 million to E residing in Busan; and (d) around September 10, 2012, E purchased livestock disaster insurance (insurance period from September 10, 2012 to September 10, 201, for which the insurance money can be paid in the event that the said horse was contingencyed or closed to the Victim LIG Damage Insurance Co., Ltd.; and (e) purchased livestock disaster insurance (insurance period of KRW 40,000,00).

The Defendant, as the above “F” did not have good grades, was able to kill the “F” and receive insurance money. On December 16, 2012, the Defendant: (a) instructed the winners from the above DNA par reading on three occasions; and (b) caused the death of the head of the horses to be cut off in the duct of the duct of the head of the horse at the time of three times.

Nevertheless, around 10:52 on December 17, 2012, the Defendant: (a) caused the JJ to have the employee in charge of the victim died of the said horse on a false basis; (b) sought insurance money; and (c) intended to have the employee in charge of the victim receive insurance money; but (d) intentionally killed the horses.

Summary of Evidence

1. Each legal statement of witness K and L in the second trial records;

1. Each police statement of the defendant, J, K, and L (Evidence records 39, 46 pages);

1. A written adjustment;

1. A death certificate;

1. A written answer;

1. SURVE.

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