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(영문) 대구지방법원 포항지원 2018.01.11 2017고합94

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was a person who built a fishing vessel C (this D, 9.77 tons); (b) was a person who purchased a fishing vessel in the fisheries cooperative to obtain a loan from fishermen who intend to engage in fisheries as general facility funds; and (c) made a loan to fishermen who lack security capacity by obtaining a credit guarantee amounting to 85% of the amount of application for a loan from the Agricultural and Forestry Enterprise Credit Guarantee Fund for the loan; and (d) made a loan to 80% of the purchase cost of the fishing vessel in accordance with the credit regulations in order to prevent insolvency in accordance with the credit regulations; and (e) established a mortgage equivalent to 130% of the loan in order to secure the credit for the fishing vessel; and (e) the fishery cooperative received a ship purchase contract from the fishermen who applied for the aforementioned facility funds and obtained a loan from the fishermen to set the amount equivalent to 80% of the purchase price and obtain a false loan by using the fact that the loan is being conducted if a letter of guarantee issued by the Agricultural and Forestry Enterprise

On September 25, 2015, the Defendant purchased KRW 150 million per annum from E for the permit of the fishery of the air-going harbor in an amount of KRW 50 million. Although a fishing vessel newly built in an amount of KRW 500 million by bringing about about approximately KRW 500 million, the Defendant prepared a false ship sale contract as if he purchases the above C in an amount of KRW 880 million. On October 19, 2015, the Defendant submitted the above ship sale contract to the person in charge of the loan at the king-dong subsidiary Industry Cooperatives located in the 19-ro, Seocheon-si, Seocheon-si, the Defendant submitted the above ship sale contract to the person in charge of the loan, and received KRW 70 million from the person in charge of credit guarantee in the name of the Agricultural and Fishery Fishery Credit Guarantee Fund through the said person in charge of the loan. < Amended by Presidential Decree No. 26817, Nov. 24, 2015>

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with F, G, and H.