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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 24, 2015, the defendant was sentenced to two years and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Busan District Court's Dong Branch branch branch court, and the above judgment became final and conclusive on February 12, 2016.
1. Around June 20, 2012, the Defendant: (a) received KRW 21,480,000 from the injured party under the pretext of paying the mooring expenses of the Busan E (13 tons) the Plaintiff’s shipment in the yacht stadium located in Busan High-dong, Busan High-do; and (b) embezzled KRW 11,480,00 for the repair cost of the said vessel; and (c) used the remainder of KRW 11,480,00 for personal purposes around that time, for the repair cost of the said vessel.
2. No person who violates the provisions of public property and Commodity Management Act shall use or benefit from administrative property unless he/she complies with the procedures and methods prescribed by this Act or other Acts;
From October 5, 2012 to June 2014, the Defendant, without permission, moored the said E and used the administrative property from around October 5, 2012 to around June 6, 2014.
3. No person who violates the Water Leisure Safety Act shall operate a water leisure craft with which he/she is permitted to operate without obtaining an operating license;
Nevertheless, the Defendant does not obtain a license to operate a powered leisure craft;
A. On July 29, 2012, around 16:00, he operated the above E, which is a power-driven water leisure craft from 6-25A to 10,000,000, in the Yak-dong, Busan, Busan, Daegu, for a water leisure craft;
B. On August 4, 2012, around 18:25, the above E, which is a power-driven water leisure craft, from 6-25A to 10,000, in the Yak-dong, Busan, Busan, for the yacht Stak-gu.
C. On October 8, 2012, around 16:43, the above E, a water leisure craft, from 6-25A to 10,000, operated the yacht stadium located in the Ma-dong, Busan, Daegu, Ma-dong.
4. Fraud;
A. Defendant D is the owner of the above E’s ownership.