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(영문) 대구지방법원 포항지원 2017.11.02 2017고단745
사기
Text

Defendants A, in two years of imprisonment and one year of imprisonment, Defendant C and E respectively, and Defendant C and E are punished by a fine of 3,00,000.

Reasons

Punishment of the crime

Defendant

A has purchased coastal self-net fishing vessels H (former I, 7.93 tons) in the name of Dong G and was a seafarer of the said vessel.

J Under the name of J, the owner of a coastal self-owned fishing vessel K (former L, 7.93 tons) purchased and operated each of the above vessels. Defendant B is the owner of a vessel that leased a coastal self-owned fishing vessel M (7.93 tons) and Defendant E was engaged in fisheries and sold the above H to Defendant A. Defendant C is the owner who sold the above K to Defendant A, and Defendant D is the owner who operates the frequency from Gyeong-gu, Young-gu, Chungcheongnam-gun.

1. Defendant A was aware of the fact that Defendant A’s loan funds calculated the amount of loan on the basis of the purchase price stated in the vessel sale contract without appraising the vessel purchased to fishermen at the Agricultural and Fishery Personnel Credit Guarantee Fund of Korea, and offered credit guarantee, which covers the vessel through the examination of the guarantee, and could easily obtain a loan from a financial institution. Defendant A was willing to acquire the loan by deceiving the financial institution by means of preparing a vessel sale contract which is lower than the actual sale price while purchasing the vessel.

On July 10, 2014, the Defendant: (a) concluded a sales contract under the name of Dong G with the actual owner of H, and (b) drafted a false ship sales contract as if he purchased the actual amount of KRW 300 million with the purchase amount of KRW 400 million; (c) around July 10, 2014, in order to manipulate as if he/she deposited down payment KRW 60 million as stated in the aforementioned false ship sales contract prior to applying for a loan to the Agricultural and Forestry Personnel Credit Guarantee Fund; (d) in order to manipulate as if he/she deposited down payment of KRW 60 million with the owner of H’s name, he/she transferred money to the wife E and received money again.

Defendant

A In the latter case, around October 2014, at a single branch of the Sinyoung-ro 404-32, the injured party of the Sinyoung-ro Yan-ro Cooperative Fisheries Cooperative, a branch of the Sinnam-do-ro Cooperative Fisheries Cooperative, a branch of the Sinnam-do-do-ro 404-32, to obtain a loan by taking the above sales contract as security

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