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(영문) 제주지방법원 2014.11.27 2014고단1044

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

Around February 7, 2013, the Defendant did not have the intent or ability to work as a seafarer during the agreed period even if he/she received the advance payment from the Victim F, who is the owner of the E, the Defendant made a false statement to the effect that “The Defendant shall faithfully perform the work as E seafarer for one year from February 10, 2013 to February 10, 2014, with the victim’s total sum of KRW 400,000,000,000,000,000 won as a result of the advance payment, shall be paid to the victim in lieu of the advance payment, and the amount of living expenses required for the funeral shall be changed to the advance payment.” From February 10, 2013 to February 10, 2014 to the effect that “The amount of KRW 20,000,0000,0000 won is equal to KRW 16,000,000,000 for the victim’s property interest.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of an boarding contract and a copy of passbook;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The punishment shall be determined as per the disposition in consideration of all the following circumstances, taking into account the scope of recommendation, sentence and sentence [the crime group, general fraud, type 1 (less than 100 million won: imprisonment with prison labor] on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Probation, etc., and the following circumstances. The favorable circumstances are against the recognition of the crime: the fact that the crime is committed; the fact that there is no record of punishment for the same kind of crime; the amount of fraud is 17 million won; the violation of the Act on the Special Cases concerning the Settlement of Traffic Accidents in 192; imprisonment with prison labor for a violation of the Immigration Control Act of 2 years and 2003.