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(영문) 부산지방법원 2018.01.10 2017고정1701

사기

Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

The Defendant 1701 of the 2017 Highly 1701 is the victim D from January 16, 2015 to December 30, 2015 to “E” from January 16, 2015 to December 30, 2015.

The phrase “ makes a false statement.”

However, in fact, the Defendant had been working as a seafarer on the part of “F” at the time, and even if he received money from the damaged party, such as by deceiving money under several same methods, which had been punished, but had no intention to work as a seafarer from “E”, even if he had received money from the damaged party.

As such, the Defendant, by deceiving the victim, was transferred KRW 5,00,000 to the Saemaul Treasury Account (G) in the name of the Defendant on the same day under the pretext of advance payment from the victim.

Accordingly, the defendant was given property by deceiving the victim.

On June 17, 2016, the Defendant, “2017 High 1736, the Defendant,” on June 17, 2016, was on board the Defendant as a seafarer from “H (the offshore transit fishing vessel, 69 tons at the coast),” from June 30, 2016 to January 30, 2017, on the part of the Busan High dong-dong, Busan High dong-dong.

The phrase “ makes a false statement.”

However, there was no intention or ability to board H even if the injured party receives 5 million won down payment from the injured party.

The defendant deceptioned as above and acquired property benefits by receiving KRW 5 million from the damaged person to the Saemaul Treasury Account (K) by finding as the down payment from I and transferring it to the Saemaul Treasury Account of J.

Summary of Evidence

[2017 High Court Decision 1701]

1. A protocol concerning the examination of the police officers of the accused;

1. A protocol concerning examination of the police concerning L;

1. Statement made by the police against D;

1. A written complaint (Attachment to Boarding Agreement) (2017 fixed 1701);

1. A second-time suspect examination protocol against the accused;

1. Each police statement made against I and M;

1. Police investigation report (Supplementary protocol for complainants);

1. Application of Acts and subordinate statutes, such as accusation and employment contract;

1. Criminal facts;