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(영문) 울산지방법원 2021.02.02 2020노873
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In so determining, the lower court erred by misapprehending the facts and legal doctrine, which found the Defendants guilty even though the Defendants did not constitute a crime of fraud.

B. The sentence that the lower court sentenced the Defendants (Defendant A: 1.2 million won; 2 years of probation; 1.2 million won of fine; 2 years of probation; 2 years of probation; 300,000 won of fine; 2 years of probation; 2 years of probation; 60,000 won of fine; 2 years of probation; 2 years of probation; 3.5 million won of fine; 2 years of probation; 3.5 million won of fine; 2 years of probation) are too unreasonable.

2. The lower court, based on the evidence duly adopted and investigated, found that the Defendants were aware of the lower court’s assertion of misunderstanding of facts and misapprehension of the legal doctrine, i.e., the Defendants collected money under the name of the so-called service secret and paid it to AH, and had AH prepare “L fishing village fraternity production activity data” with the content that the Defendants arbitrarily calculated the individual operating volume based on the amount of compensation received from AG Co., Ltd.; and the Defendants were the chief of the L

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 conducted. The data submitted by the defendants for this purpose are false and false, and the defendants are also deemed to have been aware of the fact that the above performance data was falsely prepared in light of the above circumstances.

In this context, the following circumstances recognized by the above evidence are the following circumstances, i.e., the Ulsan Regional Maritime Affairs Office, etc. of the Defendants.

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