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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
[Criminal Power] The Defendant was sentenced to nine months of imprisonment for fraud, etc. at the Gwangju District Court on February 21, 2018, and the judgment was finalized on April 30, 2018.
【Criminal Facts】
The defendant is a person who operates a ship brokerage chain C in Jeonnam-gun B.
On September 8, 2017, the Defendant stated that “A victim D, who was found to purchase a fishing vessel in the above C office, was “I would sell the vessel to the Party,” “I would sell the vessel to the Party, I would like to set up one set of an engine of Geamamama 250ma engine, I would sell a fishing vessel of Class 2.5 tons or below in total amount of KRW 81 million, and would progress until October 30, 2017,” and that “I would get the victim to use the vessel in E-ship station, and the number of vessels being built in that place was the Defendant’s own ship.”
However, in fact, the defendant did not have been built under a contract with the E-ship station, and even if he received the vessel price from the victim, he was thought to be used for personal purposes, and there was no intention or ability to transfer the vessel to the victim by purchasing self-net fishing permit, engines, and vessels.
Ultimately, the Defendant, as seen above, inducedd the victim, and then fraudulently acquired KRW 20 million from the victim as the price for shipbuilding on September 8, 2017, KRW 21 million as the price for purchasing the fishery permit on September 19, 2017, KRW 10 million as the cost for purchasing the fishery permit, and KRW 51 million as the engine contract cost around October 25, 2017.
Summary of Evidence
1. The Defendant’s partial statement witness D, F, and G’s each legal statement H, I, J, and K’s each police statement statement statement agreement, and the previous record of the judgment on the LA transaction account of the vessel building agreement: criminal records, etc.; the summary of the Defendant’s assertion as to the Defendant’s assertion as to the Defendant’s assertion; the Defendant entered into a shipbuilding contract with the victim (hereinafter “instant contract”) and actually ordered a shipbuilding order for the victim.