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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, the court below acquitted the Defendant on the charge of fraud, even though it is recognized that the Defendant had the criminal intent of deceiving the Defendant, on the ground that there was fraud, considering the following: (a) the Defendant had been provided with tax-free oil for the fishing industry from February 2, 2012 to May 20, 2012; (b) the Defendant did not operate a fishing vessel from February 2012 to May 20, 2012; and (c) the Defendant did not conduct any separate operation except for the maintenance and repair work in the aquaculture and submitted some false receipts in the process of applying
2. The facts charged and the judgment of the court below
A. The Defendant in the facts charged in the instant case is a person engaged in fisheries as the owner of “C (7.93 tons, FRP, and diesel350 Embs)” for an asbestos hold-off port, coastwise port, port, port, and port fishing vessel at Seosan-si.
Fuel oil to be used by a fishing vessel in operation shall be used only on the fishing vessel for the purpose of fisheries.
Nevertheless, around 16:00 on February 21, 2012, the Defendant filed an application for the issuance of tax-free petroleum equivalent to 3,000 liters in accordance with normal procedures and received a certificate of tax-free petroleum in front of his/her residence from an employee in charge of handling the duty-free petroleum in Seosan Fisheries Cooperatives (name and name) located in Seosan-si in the jurisdiction of the place of shipment to use in the fishing vessel, and received a certificate of tax-free petroleum and supplied to the fishing vessel owned in the tank of the fishing vessel anchored in the coast of his/her residence with the tank for delivering
Around 05:00 on May 15, 2012, a fishing duty-free diesel transit supplied from the water cooperative for the purpose of fishery use in the above fishing vessel was used for the purpose of fishery use in the above fishing vessel by 10 litress from the fuel tank of the above fishing vessel for the purpose of using it as fuel oil in the name of the child (D, 49 years old) of the defendant, other than a case parked in front of the defendant's residence, for the purpose of using it as fuel oil of the motor vehicle (vehicle No. 5: E).
In this respect.