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The punishment of the accused shall be determined by a year of imprisonment.
Reasons
Punishment of the crime
The owner of a fishing vessel shall submit a business registration certificate and a certificate and obtain a credit guarantee certificate from the Agricultural and Fishery Credit Guarantee Fund for farmers and fishermen in order to raise funds necessary for the operation of the fishing vessel concerned, and submit a business registration certificate, etc. of the fishing vessel concerned, as a loan to raise funds necessary for the repair of the fishing vessel concerned and the purchase of fishing gear, etc. in order to raise funds for the operation of the fishing vessel concerned.
(2) may be granted a loan.
On October 30, 2017, the Defendant, who is engaged in fisheries, was awarded B (19 tons) at the port branch of the Daegu District Court (Tgu District Court) and entered into a sales contract with C on November 14, 2017, and handed over B to C around that time.
However, the Defendant filed an application for registration of business with respect to B around November 28, 2017 in order to repay the existing debt to D and raise funds necessary for the purchase of E fishing gear owned by the Defendant, etc., and, as if the Defendant directly operated B by submitting B’s business registration certificate to the employee in charge of lending the victim G association, the Defendant deceiving the said employee to obtain a driving fund or a loan of English funds.
1. On November 29, 2017, the Defendant: (a) at the victim G association office located in North Korea-gu, North Korea-si; (b) submitted B’s business registration certificate, etc. to H, who is a person in charge of the victim’s loan; (c) and (d) stated that “B is engaged in fisheries using the victim’s business registration certificate, etc.; (d) the Defendant borrowed KRW 140,000,000 as the driving capital of B, as the driving capital of B is required.”
However, the defendant, however, has sold B to C and has received the down payment.