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(영문) 창원지방법원 진주지원 2017.09.08 2016고정233

사기등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 1,000,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. No person who is a defendant A shall run a fishery business without obtaining permission under the Inland Water Fisheries Act;

On April 13, 2015, the Defendant, a fishing vessel that did not obtain a permit for the business of gathering shellfish on the waters of the sloping river located in the Don-dong, Hadong-dong, Chungcheongnam-dong, Chungcheongnam-do, Hyeong-do, and collected shellfish 120,000 won at the market price using it.

In addition, from October 31 of the same year, the Defendant collected 3,820,000 kilograms of total market price of 3,820,000 won without permission for the business of gathering shellfish through the above 15 times, as shown in the list of annexed crimes, from that time until October 31 of the same year.

2. Defendant A and the Defendants: (a) around early 2014, when Defendant B’s health problems make it difficult for Defendant B to run the fishery by using E, one of its own fishing vessels; (b) applied for a tax-free duty exemption to E as if Defendant B carried on the said E, and conspired to use it for Defendant A’s fishery business.

Thus, on April 2, 2014, Defendant B applied for exemption from fishery tax to E at the F Office of the F Office of the F Office of the F Office of the F Office of the Military Industry Cooperatives, the damage victim.

However, in fact, the duty-free fishing duty-free fishing can only apply for the supply of fishing vessels under the permitted fishing business, and since Defendant B did not actually engage in the fishing business using E, it was impossible to apply for the duty-free fishing duty-free fishing duty-free fishing for E.

Nevertheless, Defendant B submitted a certificate of fishery products transaction as if he was engaged in fishery by using E and supplied the victim with 90,955 gasoline equivalent to the market price of KRW 100,000 at the same place. Defendant A thereafter received the said gasoline at the Defendant’s house located in Hadong-dong G in Gyeongnam-dong, Gyeongnam-dong, and used the said gasoline to D, the Defendant’s fishing vessel.

From that time to November 2, 2015, Defendants are in total as shown 1 to 42 times in the list of crimes in attached Form 3.