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(영문) 제주지방법원 2017.08.10 2017고단1508
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is a person who goes on board as a seafarer in Jeju-do.

On January 1, 2017, the Defendant made a false statement to the effect that “The Defendant will board C as a seafarer from January 10, 2017 to July 15, 2017, to the victim D, who is the owner of C (29 tons) at the coast of Han-si, Jeju-si, Korea-si, and that “The Defendant will board C as a seafarer from January 10, 2017 to July 15, 2017.”

However, even if the Defendant received the payment from the injured party, the Defendant did not have any intention to board the said vessel.

From January 10, 2017 to the Jeju bank account (E) under the name of the defendant around 09:30 on January 10, 2017, the defendant deceivings the victim and deceivings the victim.

7. A deposit of KRW 12 million was received under the pretext of a pre-paid payment for boarding until December 15.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on damage from DNA preparation;

1. Application of the employment contract, copy of the head of the Tong, and the tax information statutes on entry and departure ports;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration, such as the reflection of the fact, the fact that an agreement is made with the victim, the fact that the victim does not have any criminal record of the same kind of fraud, and the fact that the acquired amount of

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