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(영문) 제주지방법원 2015.10.16 2014고단1373
사기미수등
Text

A defendant shall be punished by imprisonment for not less than eight 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 a “A farm” in Jeju City D.

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 the animal;

On April 28, 2013, between 07:00 and 17:00 on April 28, 2013, the Defendant died of the head of the said horse twice, with the intention of receiving the disaster insurance money for the said horse in order for the Defendant to receive the livestock disaster insurance money for the said horse as a race race, and the Defendant died of the horse due to a stroke stroke, etc. with the string of the horse.

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

2. On February 28, 2013, the Defendant, who attempted to commit fraud, subscribed to a livestock disaster insurance (the policyholder and the insured: the Defendant, the insurance period: from February 28, 2013 to February 28, 2014; the amount of insurance coverage 27 million won) that can receive insurance proceeds in the event that the said horses take place or die due to an unforeseen accident with the victim interesting country, fire, and marine insurance company.

On April 28, 2013, between 07:0 and 17:00 on April 28, 2013, the Defendant filed a claim for insurance proceeds by making a false statement to the effect that “the Defendant died of the victim himself at the radioactive site during recreation,” and filed a claim for insurance proceeds on April 10:31, 2013, even though the Defendant intentionally died of the horse due to the string of the string of the string of the string of the string of the horse, and died of the string of the string of the rest.”

Summary of Evidence

1. Legal statement of witness G;

1. Each statement of witness H, I and G in the second protocol of the trial;

1. A written adjustment;

1. A death certificate;

1. A waiver of a claim for insurance proceeds;

1. A certificate of insurance coverage;

1. A report on the receipt of accident;

1. Investigation report (Attachment of radioactive rays);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 352 and 347 (1) of the Criminal Act;

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