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(영문) 제주지방법원 2013.09.25 2013고단1108

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 12:00 on January 19, 2012, the Defendant made a false statement to the victim E, a vessel owner, “from January 27, 2012 to September 30, 2012, the Victim E, a vessel owner, on board the victim’s annual fishing vessel F (29 tons). Therefore, the Defendant changed the amount of KRW 10 million in advance.”

However, in fact, the defendant did not intend to board the above vessel as a seafarer.

On January 19, 2012, the Defendant was issued by the victim in a new bank passbook (Account Number: H) in the name of G at least 16:00,000 won in the name of the prepaid bank.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of seafarer labor contract, cash storage certificate, and passbook duplicate Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is not a relatively large amount, and the defendant agreed with the victim by promising the victim to repay three million won to the victim and to repay 500,000 won per month thereafter, it shall be decided as per Disposition in consideration of the fact that the defendant had the record of punishment twice prior to the crime of fraud, and that the amount of damage has not been fully repaid.