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(영문) 광주지방법원 순천지원 2017.06.02 2017고단287
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is the owner and captain of the B fishing vessel B (total of 1.51 tons) without the loading of the State of the same paragraph and the composite fishing vessel C (total of 1.39 tons) with the loading of the State of the same time.

1. No tax-free transit for fraud fishing shall be used for any purpose other than the fishery of the vessels specified at the time of issuing a tax-free oil supply card;

On August 26, 2016, at around 09:50, the Defendant told D that “it should be used as C’s fuel oil, so it would be possible to issue a delivery order of 600 liters via fishing exemption.”

However, the Defendant did not intend to use the tax-free transit as C's fuel oil because he planned to use it as fuel B even if he was supplied with tax-free transit.

After receiving an order from the above D to release 600 liters via the fishery tax exemption, the Defendant used this order and received 600 liters via the supply of tax exemption equivalent to 315,210 won at the market price from the oil supply station of the South and North Korea Fisheries Cooperative.

Accordingly, the defendant acquired property by deceiving D.

2. Illegal use of air defense;

A. On December 2, 2015, the Defendant committed the crime of using signboards of a fishing vessel E, at a garbage storage place located in the breakwater of the Republic of Korea (hereinafter referred to as the “F”) on the ground that he/she had the sign (fishing vessel number: F) of a fishing vessel E (1.17 tons in total) with the coastwise of the same paragraph attached to the window of the steering house B above.

In this respect, the defendant used the signboards of the air friendly fishing vessel illegally.

B. On August 5, 2016, the Defendant: (a) attached the signboard of a fishing vessel (fishing vessel number: G: number 1.39 tons) of the fishing vessel C (total) owned by the Defendant to the window of the steering house B above Chapter B, around August 5, 2016.

In this respect, the defendant used the signboards of the air friendly fishing vessel illegally.

3. On August 5, 2016, the Defendant who illegally used public marks and events shall depart from the country at the time of leisure on August 5, 2016 and enter the same paragraph of the said paragraph at around 15:58 on the same day.

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