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(영문) 광주지방법원 순천지원 2014.05.29 2013고단1921
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On February 12, 2010, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence at the Incheon Detention House on April 23, 2010.

【Criminal Facts】

On November 201, 201, the Defendant, along with C, D, E, etc., established F, and obtained a permit for temporary fishery from the Korea Coast Guard in the name of the said K, H, and I (hereinafter “instant waters”) to collect a new tidal wave in the name of the said K, E, etc., and then divided the aforementioned D, E, etc., by securing the right to collect a new tide. However, the new tide was a shellfish designated as a sedentary fishery resource by the Fishery Resources Management Act, which is not eligible for a permit for temporary fishery business under the Fisheries Act. In order to collect a new tide from public waters, the relevant waters was designated as a fishery resource management waters, and the Fishery Resources Management Committee designated as a person entitled to a permit for the collection of a new tide in the name of the said stock company. Since the subject was limited to nearby fishing village fraternity, it was eventually impossible to obtain a permit for the collection of a new tide or designate as a person entitled to a permit for the collection of a new tide.

On January 19, 2012, the defendant applied for a temporary fishery permit to the Maritime Affairs Office in the name of the above corporation, but rejected the application, and thereafter C, D, E, etc. judged that the defendant could no longer be responsible for obtaining permission for new lighting, and applied for the designation of the instant waters in the name of J, K, and L fishing village fraternity in the name of the Maritime Affairs Office around April 2012 to the Maritime Affairs Office for the designation of the fishery resources management waters.

5.1.In receipt of notification from the Maritime Affairs and Fisheries Authority on the designation of waters for fishery resources management of the waters in this case, and being designated as a new holder of the fishery resources management waters management authority.

Ultimately, even though the Defendant did not acquire any right to the exploitation of a new plant for the foregoing reasons, the Defendant did not acquire any right to the exploitation of a new plant for the foregoing reasons.

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