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Reasons
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(영문) 의정부지방법원 2017.01.24 2016노2735
사기등
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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged as to the fraud against the above Defendants: (a) Defendant A, B, and C1, the part of the charge Nos. 1 5 re-5 (Defendant A), 1 through 3 (Defendant B), 5 re-7 through 11 (Defendant C) of the sight table 3 of the crime; and (b) of the crime sight table 5 re-7 through 11 (Defendant C) of the crime committed; and (c) the victim paid insurance money by satisfying the above payment requirements by changing the payment requirements, even in cases where the economic value of milch with the decrease of the quantity of oil caused by flame retardation, unclean, and all kinds of external diseases, not non-permanent diseases on July 1, 2013; and (d) the above Defendants did not defraud the victim by deceiving the victim.

2) The sentence of the lower court’s improper sentencing (Defendant A: fine of KRW 2 million, Defendant B: fine of KRW 1 million, Defendant C: fine of KRW 3 million) is too unreasonable.

B. Defendant D (unfair sentencing)’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

(c)

1) In the facts charged against the Defendants, each part of the charges of violation of the Sanitary Control Act against the Defendants is found guilty on the basis of relevant evidence, but the lower court acquitted each of the charges. The lower court erred by misapprehending the facts.

2) The lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. As to Defendant A, B, and C’s assertion of mistake, the lower court found Defendant A, B, and C guilty of each of the charges in full view of the following circumstances.

① The court below stated that “A veterinarian I prepared a false diagnosis in consideration of the relation with the owner of livestock,” in the court below’s court, that “I issued a summary order of KRW 2 million due to the crime of aiding and abetting fraud, etc.” (the above summary order became final and conclusive) ② The veterinarian N in the court below.

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