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(영문) 광주지방법원 해남지원 2018.10.04 2018고단185

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On September 23, 2015, the Defendant was sentenced to four months of perjury by the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on January 22, 2016.

[Criminal facts]

1. On August 15, 2016, around 14:00, the Defendant made a false statement to the victim E, “The principal invested within one year when raising black salt in D, which is under internal management, may be recovered, and when making an investment of KRW 20 million as much as profits accrue, the Defendant would make an investment of KRW 10 million at the internal price and take 40 percent of the profits from its management.”

However, even though the Defendant did not have obtained the consent from the D owner with respect to black salt raising, and did not have experience in raising black salt, and there was no fact that the Gun Office filed an application for raising black salt with the Gun Office. Therefore, even if the Defendant received an investment of KRW 20 million from the injured party, he did not have the intent or ability to pay the profits to the victim by raising black salt.

On August 16, 2016, the Defendant received money from the injured party to the credit union (G) account in the name of the Defendant’s father on August 16, 2016.

2. The Defendant entered into an agreement with H fishing village fraternities in the Do of South and North Korea on the extraction of the former fishing ground, and was entitled to collect the uniforms, etc. in the above joint fishing ground from January 1, 2015 to December 31, 2019, and the victim I is the person who is the J shipmaster of the fishing vessel for the diving of the loading of the female fish.

At around 11:00 on March 28, 2017, the Defendant made a false statement to the victim I that “The Defendant would be able to carry on diving fishery in the joint fishing ground of H fishing village fraternity, which is located in the military M by May 5, 2017, with the permission to use the management vessel of HH fishing village fraternity, which is the lock-up fishing vessel owner, in the joint fishing ground of H fishing village fraternity located in the military M, from May 5, 2017, and allow the said H H fishing village fraternity to carry on diving fishery in the joint fishing ground of the fishing village fraternity, from March 28, 2017 to December 31, 2019.”

However, the defendant agreed with H fishing village fraternity not to transfer the right to gather the above common fishing ground, and the above JJ from H fishing village fraternity.