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(영문) 전주지방법원 군산지원 2013.08.08 2012고정943
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who leaves without a fixed residence and lives of a seafarer.

At around 19:15 on May 14, 201, the Defendant made a false statement to the victim D, stating that “The Defendant would get the victim to board a fishing vessel E from May 17, 201 to August 31, 2011, and thus, changed the prepaid payment.”

However, the defendant did not intend to board the above fishing vessel.

As such, the Defendant, as indicated in the list of crimes, received KRW 2,100,000 from around that time to May 20, 201, a total of four times as indicated in the following list, including deceiving the victim and receiving KRW 100,000 from the victim’s pre-payment.

On May 14, 201, 19: (a) around 19:14 on May 14, 201, 19: (b) around 15, 201, a summary of the evidence of KRW 800,000 on account transfer (F) around 09:0 on the 16th day of the 3rd month of the said 3rd month; (c) around 800,000 on account transfer at around 15:00 of the said 4th month; and (d) around 300,000 on account transfer at around 15:0 of the said 4th month.

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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