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(영문) 전주지방법원 군산지원 2013.09.04 2013고정470
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 11:00 on October 18, 2010, the Defendant stated that “A person would embark in E” inasmuch as he/she did not intend to board as a victim E (69 tons, nearby coast guard networks, and Gunsan crew) owned by the victim D (49 years of age) at C office located in Gunsan-si, Gunsan-si,” and that he/she obtained three million won from the above victim to the post office account (F) in the name of the above victim, and acquired it by deception.

around 19:00 on January 22, 2009, the Defendant made a false statement to the effect that “The Defendant will work as a seafarer by boarding the victim’s I (coastal, 7.93 tons) on the part of the victim’s H (Nam, 50 years of age) at the residence of the victim’s G apartment 116 Dong-dong, Nam-gu, Incheon Metropolitan City (Seoul), 1404 (Seoul, 50 years of age) from March 1, 2009 to December 31, 209 of the same year.”

However, even if the victim received the advance payment, there was no intention or ability to work as a seafarer.

The victim who believed this end to be true has been issued three million won as a prepaid payment in his/her place.

Summary of Evidence

Application of each police statement law to Defendant’s legal statement, D, and H

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

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

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