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(영문) 대구지방법원 포항지원 2018.04.05 2017고합95
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was a person who built up a fishing vessel C (9.7 metric tons) in Ansan-do fishing; (b) purchased a fishing vessel in a fisheries cooperative and granted a loan as a facility fund for the fishermen who want to engage in fisheries; (c) conducted a loan by obtaining a credit guarantee equivalent to 85% of the amount of application for a loan from the Agricultural and Forestry Business Credit Guarantee Fund for the fishermen who lack security capacity; and (d) provided a loan to only 80% of the purchase cost of the fishing vessel in order to prevent insolvency in accordance with the credit regulations; and (e) provided a mortgage equivalent to 130% of the loan to the fishing vessel in order to secure the credit; and (e) the fishery cooperative received a ship sales contract from the fishermen who applied for the aforementioned facility fund and issued a letter of guarantee issued by the Agricultural and Forestry Credit Guarantee Fund for the Agricultural and Fishery Business Credit Guarantee Fund, and acquired the loan by taking advantage of the fact that the amount equivalent to 80% of the purchase price is set out

On September 25, 2015, the Defendant: (a) purchased the permit for the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of the fishery of KRW 820 million from D through D; (b) prepared a false contract for the purchase of the fishery of KRW 820 million from D as if he/she purchased the fishery of KRW 820 million from D; and (c) submitted a contract for the purchase of the ship to the borrower at the 19th degree from the South-dong Industrial Cooperative of the victim of the victim of the South-dong Industrial Complex located in the 19th City, Seocheon-si, the Defendant applied for the loan to the borrower; and (d) obtained the credit guarantee from the person in charge of credit guarantee for the fishery of the agricultural and fishery of the fishery of KRW 600,500,000 from October 27, 2015.

Accordingly, the defendant deceivings the victim to lend 650 million won.

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