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(영문) 인천지방법원 2013.11.19 2013고단4257
사기등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of six million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. Defendant A

A. On March 19, 2010, the Defendant stated that “The Defendant would legally exercise the fishery right on the right to fish farming (No. 12) owned by the H fishing village fraternity through a resolution by the representatives of the H fishing village fraternity” to the victim G at the E Association F branch office located in Jinjin-gun, Incheon, Incheon.

However, the fact was that H fishing village fraternity did not have gone through a resolution of the board of representatives so that G may exercise the above fish farming right, and the defendant did not have any intent or ability to allow G to lawfully exercise the fishery right through a resolution of the board of representatives.

On March 19, 2010, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million,00,000,000 from the I’s account, which is the seat of the victim, to the Defendant’s account; and (c) received KRW 32,00,000,000 from the I’s account, which is the seat of the victim, to the Defendant’s account; and (d) received KRW 10,000,000,000 from the Defendant’s account, which is the seat of the victim, to the Defendant’s account; and (e) received KRW 32,00,00 in total

B. The H fishing village fraternity member in violation of the Fisheries Act may exercise the fishery right owned by the H fishing village fraternity by a resolution of the board of representatives pursuant to the H fishing village fraternity management rules, and otherwise, the fishery right shall not be the object of lease.

The Defendant, as a member of H fishing village fraternity, leased the H fishing village fraternity fishery right (No. 14 and No. 27) from B, the head of the H fishing village fraternity, from June 17, 2012 to December 31, 2012, at the office of the E-Union F branch located in Incheon Cheong-gun, Incheon, at around June 15, 2012, at the office of the H fishing village fraternity F branch office.

2. Defendant B

A. From March 15, 2012, the Defendant, as the head of the H fishing village fraternity in the Jin-gun of Incheon Cheongjin-gun, kept the funds of the H fishing village fraternity in the name of the Defendant, which was used as the management account of the H fishing village fraternity in the name of the Defendant (K).

The Defendant on August 27, 2012

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