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(영문) 광주지방법원 순천지원 2018.08.30 2018고단426

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 9, 2017, the defendant was sentenced to three months of imprisonment for fraud and one year of suspended execution in the Gwangju District Court's netcheon Branch, and the above judgment became final and conclusive on the 17th of the same month.

The Defendant, around May 30, 2017, will serve as C’s seafarer from July 1, 2017 to March 31, 2018, for the victim D, who is the owner of the ship, as the prepaid payment.

‘False speech' was made.

However, the defendant did not intend to work as C seafarer until March 31, 2018, even if he/she received advance payment from the injured person, from the injured person.

As above, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) obtained transfer of KRW 3 million on June 5, 2017, and KRW 2 million on June 14, 2017 from the victim as advance payment; and (c) acquired KRW 5 million in total from the victim.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police against D;

1. Seafarer labor contract;

1. Electronic financial transaction certificate;

1. Previous conviction in judgment: Application of the defendant's legal statement and inquiry letter to the statute;

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of punishment for the crime ( considered of the criminal records, etc. of the defendant);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. It shall be decided as ordered on the grounds of not less than Article 62(1) of the Criminal Act (as agreed with the victim, equity in the case of being tried together with the crime of final and conclusive judgment, etc.).