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(영문) 대전지방법원 홍성지원 2020.06.23 2019고단802
사기
Text

The punishment of the accused shall be eight months by imprisonment.

Reasons

Punishment of the crime

1. Around October 28, 2008, the Defendant stated that “Around October 28, 2008, the Defendant would have a right to permit self-net fishing from the Egypt E fisheries to the victim D purchase a right to permit self-net fishing from the Egypt E in Jeju-gun, Chungcheongnam-gun, a budget-gun, and changed the right to operate the 5 unit to the permission to operate the 5 unit to the 5 unit will be transferred under the name of the party.”

However, in the E fisheries community at the time, it was not possible to change the permit for self-net fishing into the over-net fishing, and the defendant was thought to take over the over-net fishing with the consent of the union members operating the ties in the E fisheries community, without confirming such fact, but there was no consent from the union members operating the over-the-counter 5 minutes, so even if receiving the money from the victim, there was no intention or ability to obtain the permit for over-the-counter fishing from the victim.

The Defendant, as above, by deceiving the victim, received KRW 40 million in cash from the victim on the same day.

2. Around February 3, 2009, the Defendant stated that, “Around February 3, 2009, the Defendant would be allowed to enter into a fisheries cooperative with the said victim’s “in order to obtain a permit for a fisheries cooperative, it is necessary to enter into a fisheries cooperative.” Around February 3, 2009, the Defendant would be allowed to obtain a permit for a fisheries cooperative by using 10 million won as the subscription fee for a fisheries cooperative for a fishery cooperative.”

However, as stated in Paragraph 1, it was not possible to change the permit for self-net fishing into the shore fishery. The Defendant did not have agreed to five fifths of ties from the members of the fishery industry, and there was no intention or ability to obtain the permit for self-net fishing from the victim even if he received the money from the victim because some of the money received from the victim was considered to be used as a living cost.

The Defendant, as above, by deceiving the victim, received KRW 10 million in cash from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Polices with H and D.

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