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(영문) 창원지방법원 통영지원 2019.02.18 2018고정371

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 29, 2016, at around 17:00 on July 29, 2016, the Defendant made a false statement that the victim D will be on board for one month from the end of July 2016 to the crew of the long-term fishing boat E, which was introduced by the victim, if the victim 4 million won is paid in advance to the victim D.

In fact, even if the defendant receives advance payment, the defendant did not have any intention to board as a seafarer by ascertaining the identity of the defendant in the process of mandatory identification at departure.

As above, the Defendant, by deceiving the victim as above, received two million won in cash from the victim, namely, in advance.

Summary of Evidence

1. Statement made to D by the police;

1. Investigation report (verification of details on board ships of a suspect);

1. Investigation report (F telephone conversations for reference);

1. Application of the Acts and subordinate statutes on investigation report (for witness statements at the time of advance payment);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;