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(영문) 춘천지방법원 강릉지원 2013.07.04 2010고단518
사기미수
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant made an investment in the victim D who owns the F/V E(F/V E) of his nationality 243 tons of his nationality, but failed to recover the fund, and instead, failed to obtain the dividend through the auction procedure with false bonds, and at the same time acquired the dividend through the auction procedure with fraudulent bonds, and received the successful bid for the above ship to secure the ownership of the ship.

On January 24, 2008, the Defendant made a false ship agency agreement between G and the above G on January 24, 2008, stating that “I would make sure that I would pay upon the request for an auction as if I would supply E vessel supplies, etc. to E, and that I would make a false ship agency agreement between G and the above E on January 24, 2008.

In addition, on February 4, 2008, the Defendant started an auction procedure on the attached ship in order for the obligee to appropriate for the repayment of the above claim claim against the obligor, and attached it on behalf of the obligee, including “F Co., Ltd. (Representative G)”, “F.m. E(F/V E(F/E) fishing vessel for which the auction is to be held,” “150,722,095 won”, “the obligee” as stated in the attached document, and attached it for the obligee, and written on behalf of the obligee, “the vessel agency contract, particulars of delivery and invoice, etc. prepared falsely as above,” and submitted an application for auction on the ship accompanied by evidentiary documents.

However, there was no substantial ship management contract between the victim and the F Co., Ltd., the owner of the above vessel, and since F Co., Ltd did not supply vessel supplies to the above vessel vessel, the claim amounting to KRW 150,722,095 did not exist.

The Defendant conspireds with G in the foregoing manner.

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