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1. The part of the judgment of the court below against Defendant A is reversed.
2. The defendant A shall be punished by imprisonment with prison labor for ten months;
3.Provided, That.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1 of the misapprehension of legal principle is unable to acquire a fishery right under the Fisheries Act, and even if the victim HH corporation entered into a sales contract with N to obtain a fishery right as stated in the facts charged, the above sales contract is null and void. Defendant A was merely registered as the nominal owner of the above fishery right in accordance with the title trust agreement with the victim H H corporation based on the above sales contract which is invalid as the ground for invalidation. Therefore, Defendant A cannot be deemed as having embezzled the above fishery right because it is difficult to view that Defendant A was in the position of a person who keeps the above fishery right for the victim H corporation. Nevertheless, the lower court’s judgment convicting this part of the facts charged is erroneous by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. Defendant B1) misunderstanding of facts and misunderstanding of legal principles filed a complaint against Defendant A, who is the owner of the fishery right, under the conviction that the fishery right recorded in the facts charged was in fact owned by himself, and Defendant A, R, and T, etc. also stated in the investigative agency that the above fishery right was owned by Defendant B. In full view of this, Defendant B filed a complaint against Defendant B without awareness that the reported fact was false or false, and thus, it is difficult to deem that Defendant B had a criminal intent at the time of the filing of the complaint. Nevertheless, the lower court’s judgment that found Defendant B guilty of this part of the facts charged is erroneous by misapprehending of legal principles and misapprehending of legal principles.
C. The lower court’s sentence against Defendant A by the prosecutor (unfair form of punishment) is too excessive.