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(영문) 창원지방법원 마산지원 2016.05.19 2016고정228
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On September 11, 2014, the Defendant: (a) on the wharf of the Han River Port located in Handong-gu, Jeju-si on September 11, 2014, the Defendant stated that “The Defendant will board the victim G as a crew member at the cost of KRW 4 million and KRW 1,500,000 per month living expenses”; (b) made a false statement as if the Defendant would have on the part of the victim H (44 tons) of the oil tankered fishing vessel owned by the victim.

However, the Defendant did not have the ability to pay the intention to board the vessel crew or the amount of the vessel in return for the failure to pay the vessel.

On September 11, 2014, from September 11, 2014 to June 30, 2015, the Defendant received 400,000 won from the damaged person through a passbook (post office I) in the name of the Defendant (post office I) on September 11, 2014, on condition that he/she shall complete payment of H on board between nine months and nine months from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A certificate of deposit;

1. Application of the statutes on boarding details;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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