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(영문) 대전지방법원 홍성지원 2016.05.10 2015고단1083
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 2012, the Defendant invested KRW 100,000 to the victim F in the mutual infinite coffee shop located in Bocheon-si, Seocheon-si. The Defendant later contributed to KRW 7,80,000 per vessel when a fishery permit was granted. The amount of KRW 7,00,000 per vessel would be KRW 50,000 per vessel.

If the permission is not obtained, 10 billion won shall be returned to the Si and Do, and the principal shall be recovered.

The phrase “ makes a false statement.”

However, on April 202, 200, fishermen such as G, etc., who were the defendants, applied for a diving fishery permit at the time of Boan-si, but rejected on February 24, 2006, but the Supreme Court requested for a lawsuit against the Constitution that the fishery resources protection order that prescribes the quota of diving fishery for each region is in violation of the Constitution. However, on June 26, 2008, the Constitutional Court dismissed on June 26, 2008, and at Boan-si, there was no intention or ability to obtain a diving fishery permit even in a case where the fishery resources protection order that prescribes the quota of diving fishery for each region was rejected on February 24, 2006, but all of the measures were rejected on June 26, 2008.

On April 20, 2012, the Defendant, by deceiving the victim, received KRW 80 million from the victim, from the victim, to the Defendant’s H’s Sucup account (I) around April 20, 2012, and received KRW 184 million in total from September 2, 2013, including transfer of KRW 11 million from September 2, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of some of the prosecutions against the accused;

1. Each investigation report (the inquiry of the relevant agency and the attachment of relevant data, and attachment of relevant Acts and subordinate statutes);

1. Details of deposits and transactions of deposits in and out of bankbooks (H-related bankbooks);

1. Summary of the decision of dismissal of the Constitutional Court;

1. The letter of performance agreement and key-related documents (the defendant and his defense counsel have received money from the injured party);

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