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(영문) 부산지방법원 동부지원 2017.06.21 2016고단2477
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That 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

[Basic Facts] On October 19, 2016, the Defendant was sentenced to 6 months of imprisonment with prison labor and 1 year of suspended execution on October 27, 2016 by the Busan District Court’s Dong Branch, for forgery of official marks, etc.

On July 10, 2015, the Defendant entered into a mutual agreement with D to cooperate in the process of running the fishing village tourism leisure business. On February 12, 2016, the Defendant entered into a business agreement with F and G to jointly carry out the business activities of the above tourism leisure business with F, the representative of the LAE, and set up H (H, A, directorF, etc.) around February 19, 2016.

[ criminal facts] The defendant, at the office of a dispute resolution committee office located in Busan Metropolitan Government International Shipping Daegu, around April 2016, the victim F, "The Maritime Daegu Office shall not grant D permission to occupy and use public waters for the leisure business. Thus, the defendant shall immediately grant permission to occupy and use public waters for the leisure business in question.

B. A certain degree of relationship between Maritime Affairs and Maritime Affairs Office has been made.

When an application for permission is filed, the permission shall take place within one month.

In order to obtain permission to occupy and use public waters from the Maritime Affairs and Daegu Office, there must be a ticket office, and submit the design of the contact facility. The false statement was made that the rent deposit of the ticket office is KRW 10 million, and KRW 20 million, including the design cost of the mooring place is required.

However, even if D applied for a permit to occupy and use public waters, it is unclear whether it is permitted by the Maritime Daegu Office, and thus, it cannot be deemed that the permission was not always granted. Moreover, the defendant did not intend to use the rent down payment of the ticket, the cost of designing the facilities at the contact.

Accordingly, the Defendant, as seen above, by deceiving the above victim, received 20 million won from the injured party to the J account as an incorporated association of the Defendant from the injured party and acquired it through the remittance.

Summary of Evidence

1. The defendant's partial statement in court;

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