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(영문) 대구지방법원 2016.01.15 2015고정2417

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who works as a seafarer.

On June 28, 2012, the Defendant made a false statement to the victim B at the wharf of Suwon-do, Suwon-do, Sudo, Nam-do, Seoul-do, that “on payment of KRW 1 million in advance, from June 28, 2012 to July 2013, 2013, the Defendant would serve as a seafarer of the fishing vessel C (7.93 tons) of the Military Loading Port Co., Ltd (7.93 tons) prior to the ownership of the victim, and drafted a seafarer employment contract.

However, the defendant did not have the intention or ability to work as a seafarer on a fishing vessel owned by the victim.

As such, the Defendant, by deceiving the victim, was given KRW 1 million under the pretext of advance payment from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of statutes on seafarer employment contracts;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;