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(영문) 창원지방법원 통영지원 2016.12.22 2016고단1313
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On May 13, 2014, the Defendant: (a) on May 13, 2014, the Defendant involved in the fraud of the business of cultivating shellfish, the Defendant’s spouse prepared a loan document of KRW 135 million for the business of cultivating shellfish at the victim Tong Young-si located within 46 hours in the waters of Tong Young-si, the Dok-si, the Dok-si, and submitted it to the Dok-si.

However, in fact, the defendant had no intention to engage in the business of cultivating shellfish because he/she thought that he/she will use the apartment house as a collateral to repay the debt of the loan that he/she borrowed.

As such, the Defendant, by deceiving the victims of the fisheries cooperatives, received loans of KRW 135 million from the victims of the fisheries cooperatives to the fisheries cooperatives account in the above C and acquired them by fraud.

B. On May 13, 2014, the Defendant’s fraud related to fishing funds for a fishing vessel was 46 times as of May 13, 2014, and the Defendant’s spouse C prepared a loan document of KRW 95 million for the offshore fishing vessel D business at the victim Tong Young-gu’s 46 location as of May 13, 2014 and submitted it to the Suhyup.

However, in fact, the defendant thought that he would use the loan as a loan to E, and therefore, he did not intend to operate a fishing vessel.

As such, the Defendant, by deceiving the victims of such a compromise, received a loan of KRW 95 million for fishing vessel operation from the victims' fisheries cooperatives, from which the Defendant acquired the money from the victims' fisheries cooperatives to the fisheries cooperatives account in the above three names.

C. On May 12, 2015, the Defendant: (a) on May 12, 2015, the Defendant: (b) at the 46-round 12, 2015, the Defendant’s spouse of the Defendant’s spouse set up a loan document of KRW 15 million for the offshore transit fishing vessels D fishing vessels; and (c) submitted it to the said fisheries union at the 46-round 12, 2015,

However, in fact, the defendant thought that he will use the loan as a security deposit for the house residing by his father and wife, and therefore there was no intention to operate the fishing vessel.

The defendant deceivings the victims of such a compromise.

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