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(영문) 인천지방법원 2021.03.26 2021고단1219

사기

Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than six months for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court on August 16, 2018, and the judgment became final and conclusive on August 24, 2018. On November 9, 2018, the Defendant was sentenced to four months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on November 17, 2018, and completed the enforcement of the sentence at the Incheon Detention House on May 11, 2019.

[Criminal facts]

1. On August 6, 2017, the criminal defendant against the victim B was on board the victim B, who is the owner of a fishing vessel E, as the crew member of E, from August 15, 2017 to December 30 of the same year, to work on the part of the victim B, who is the owner of the fishing vessel E, with the amount of KRW 500,000,000 as the monthly salary.

“Falsely speaking to the effect that it is “,” and concluded a seafarer employment contract with the victim with the aforementioned content.

그러나 사실은 피고인은 돈만 받아 가로챌 계획이었으므로 피해 자로부터 선용 금을 받더라도 위 선박에 승선하여 조업할 의사나 능력이 없었다.

As above, the Defendant: (a) by deceiving the victim as above; (b) received a cash of KRW 500,000 from the victim under the name of the victim; (c) received a remittance of KRW 4 million following the said date to the account under the name of the Defendant; and (d) received a total of KRW 500,000 from the said account three times on August 11, 2017, such as remittance of KRW 1 million to the said account.

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

2. On August 19, 2020, the Defendant against the Victim F, on the part of the Defendant: (a) around August 19, 2020, on the part of the Defendant, the captain seeking the seafarer with the delegation of the Victim F, the owner of the vessel G from the trade name in the U.S. located in the Dong-dong, Incheon, U.S., G, the captain of which is the captain of the vessel G, “on the part of the captain; (b) KRW 5 million with the monthly wage; (c) KRW 6 million with the monthly wage; and (d) from August 20, 2020 to December 30 of the same year

“Falsely speaking to the effect that it is “,” and concluded a seafarer employment contract with the victim with the aforementioned content.

그러나 사실은 피고인은 돈만 받아 가로챌 계획이었으므로 피해 자로부터...