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(영문) 창원지방법원 진주지원 2017.11.22 2016고단1269
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 25, 2017, the Defendant was sentenced to one year to a suspended sentence of imprisonment for four months at the Daejeon District Court for fraud, and the judgment became final and conclusive on June 2, 2017.

1. A license for fraud B fishery belongs to C fishing village fraternity, but is managed by D community autonomy.

On February 6, 2012, the Defendant concluded a contract with the purport that D Village Voluntary Community and D Village Voluntary Community should pay KRW 30 million to D Village Voluntary Community, and that the right of recovery by the above fishery license is exercised for a period from February 6, 2012 to February 6, 2013.

The above contract stipulates that "in the event of the next termination of the contract, the defendant shall have the priority in the event of the next termination of the contract, and the issue of distribution in the event of the termination of the contract shall be

Defendant: (a) concluded a contract to exercise the fishery right with the effect that “Defendant shall exercise the above fishery right from February 20, 2012 to February 20, 2017”; and (b) did not lease the fishery right from the D Village Voluntary Community for the said five-year period.”

Therefore, since February 7, 2013, the Defendant paid rent of approximately KRW 30 million each year by negotiating with the D Village Voluntary Community, but the Defendant was a bad credit holder, and the Defendant borrowed approximately KRW 70 million from another person in around 2012, and collected premium based on the above fishery right. The Defendant suffered a loss due to the excess of KRW 12 million, and thus, there was no ability to pay the rent necessary for the lease of the fishery right in the future.

A. On April 26, 2012, the Defendant committed a crime against the Victim F at the H office operated by the Victim F in Sacheon-si, G, the Defendant did not secure the fishery right for a period of five years as above. Notwithstanding that the Defendant did not have the fishery right for a period of five years after February 7, 2013, the Defendant did not have the capacity to lease the fishery right for a period of five years, the Defendant was inside the city of Sacheon-si.

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