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(영문) 인천지방법원 2015.08.12 2015고단4005
사기미수등
Text

Defendants shall be punished by a fine of KRW 800,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

1. On May 2009, Defendant A, in collusion with V, submitted a fishery permit certificate and a report of entry into and departure from a fishing vessel voluntarily prepared to “Y” owned by the Defendant, as if it were a legitimate claim for compensation for fishery damage, as well as a report of fishery purchase of “Y” and the record of fishing fishery products for the purpose of calculating the performance of the three years immediately preceding the base date of compensation in accordance with the implementation plan for the new harbor construction works.

However, the defendant purchased a fishing vessel which is difficult to be operated for the purpose of acquiring compensation without the intention or ability to engage in the fishery and entrusted the purchase to V, and the above report on entry into and departure from the fishing vessel was merely a false document prepared at will.

Nevertheless, the Defendant conspired with V and received compensation for fishery damage by submitting data as if he were the person in charge of the Korea Rural Community Corporation’s compensation team through the fishermen’s council, and attempted to receive compensation by false or other unlawful means, but did not recognize the performance of the above operation by the Korea Marine Science and Technology Institute.

2. Defendant B

(a) A person having fishery right in violation of the Fisheries Act shall not have another person de facto control over the operation of relevant fishery, and a person who is not a person having fishery right shall not de facto control the operation of relevant fishery;

Nevertheless, around November 6, 2009, the Defendant entered the AB (2.08 tons) owned by the Defendant on condition that he/she would deliver 3 million won per annum to V in the AA real estate located in Bupyeong-gu Incheon Metropolitan City, Incheon Metropolitan City, on condition that he/she will deliver 3 million won per annum to V. After concluding a contract with V to entrust all of the fishing operations, such as departure from port, etc., the Defendant occupied and managed AB until December 201, thereby de facto controlling the operation of fisheries.

B. Violation of the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, and attempted fraud are V.

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