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(영문) 제주지방법원 2020.08.14 2020고단1417

사기

Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[criminal record] On January 31, 2020, the Defendant was sentenced to six months of imprisonment for fraud at the Jeju District Court on July 3, 2020 and the judgment became final and conclusive on July 3, 2020.

[Criminal Facts] Around September 7, 2019, the Defendant stated to the effect that “A victim B (the age of 58) (the age of 8.77 tons) who is running a fishing vessel D (the age of 58) for the shipment of Gosong-gun, Gosong-gun, Gosong-gun, the Defendant would be on board as the head of D for one year from September 23, 2019, where advance payment is 8.6 million won.”

However, even if the defendant receives advance payment from the victim, he did not have the intention or ability to work as a seafarer in D.

Nevertheless, around September 7, 2019, the Defendant, by deceiving the victim as above, received 8.6 million won from the victim to the F account in the name of the Defendant’s wife E and acquired pecuniary profits.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each protocol of examination of suspect against the defendant prepared by the police;

1. Entry in the petition form B;

1. Each investigation report prepared by the police (including attached documents) on each investigation report (a copy of the statement made by the police) / Confirmation of the suspect A's boarding record / A's fishing vessel G vessel lease agreement attached to the document / A's confirmation of the details of the A's health care benefit / A's opinion on suspect A fraud prosecution) or video (including attached documents);

1. Entry into the details of transfer, a copy of the seafarer contract, and an output of the vessel's detailed inquiry;

1. Image image of a photograph of a bankbook;

1. Previous records: Statement of inquiry report about police preparation, statement of investigation report on the preparation of the prosecution (including attached documents for confirmation of facts pending in the court of final appeal of the suspect) and application of statutes significantly to this court;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【Scope of the legal penalty penalty】