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(영문) 광주지방법원 목포지원 2014.07.03 2014고정307

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[2014 High Court Decision 307]

1. On August 23, 2011, the Defendant entered into a boarding agreement with the victim B and the C Job Placement Service at the mutual microscopes located in the Seo-gu, Seo-gu, Gwangju, Gwangju, with the victim B and the crew of E (9.77 tons) located in the Jeonnam-gun, Jeonnam-gun, the victim B operated to have boarding from August 23, 201 to December 31 of the same year, and the Defendant paid KRW 2 million under the pretext of advance payment, but the Defendant did not intend to have boarding as the crew of E.

As such, the Defendant received 2 million won advance payment from the victim and acquired it by fraud.

[2014 fixed308]

2. At around 13:00 on January 10, 2012, the Defendant sought the job seeking from the victim H by finding the G Job Placement Office Office located in the G Job Placement Service F in Sinpo City.

In addition, when the victim commences the seafarer's day, the shipowner paid the prepaid payment to the shipowner, and the victim changed the cost of living.

However, the defendant did not have the ability to pay the seafarer's day or pay his living expenses.

In order to join the victim, only the owner of I(9.77 tons, Haan-gun, Haan-gun) fishing boat I(9.77 tons, Haan-gun) in the above G Job Placement Office was prepared, and only the labor contract was prepared, and the victim was issued KRW 2 million in cash in trust with the truth.

Summary of Evidence

【Fact 1, 2014, 307】

1. Defendant's legal statement;

1. Statement of the police concerning B (Supplementary to Complaints);

1. A complaint (the second fact in the market, the second fact in the market, the High Court Decision 2014No308);

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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