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(영문) 인천지방법원 2015.10.27 2015고단3169
사기등
Text

Defendant

A Imprisonment for eight months, Defendant B, Defendant C, and Defendant D are punished by a fine of KRW 3,00,000.

Reasons

Punishment of the crime

1. Defendant A

(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 July 2007, the Defendant: (a) entered into a contract with L, a holder of fishery rights, on condition that L and L, a holder of fishery rights, enter into and depart from a port; (b) entered into a contract with L, a holder of fishery rights, which is entrusted with all of the entrusted operations of the fisheries; and (c) occupied and managed M until September 2010, thereby practically controlling the operation of the fisheries.

The Defendant, including that, from the above date to September 2012, had de facto control over the operation of fisheries four times as shown in the list of crimes (1) in the attached Form.

B. The Defendant violated the Act on the Acquisition of Land, etc. for Public Works and the Compensation Therefor, attempted to commit fraud, and unlawfully used events agreed to be paid the prescribed management expenses from the owner of the vessel instead of creating false records of entry into and departure from the vessel, etc., and the Defendant and N, P, the Defendant and P, the owner of the vessel and the owner of the vessel and the owner of the vessel to be paid compensation in sequence by submitting false records, such as false records of entry into and departure from the vessel, to the port of port of entry into the Incheon Jung-gu, Jung-gu, Incheon, to the Civilian Control Office for the Control of the Civilian Control Station of the Fishing Vessel (the indictment of detention on November 12, 2014).

Thus, the defendant, N, and P are to calculate the performance of three years immediately before the base date of compensation in collusion with Q, and the fishery permit certificate and the fishing vessel entry report of Q owned at will, as if they were legitimate claims for compensation for fishery damage, are prepared at the office of the Seocho-gu Incheon Metropolitan Council of Fishermen in South-gu, Incheon. In addition, the defendant and P are to calculate the performance of three years immediately before the base date of compensation in accordance with the implementation plan for new harbor construction works.

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