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(영문) 광주지방법원 순천지원 2016.02.17 2015고정549
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On January 3, 2012, the Defendant issued a false statement to the effect that “The victim C’s residence in the apartment B at the time of leisure, and the fact that the victim did not have the intent or ability to work as a seafarer of the fishing vessel operated by the victimized person, and that “the victim does not have the intention or ability to work as a seafarer from June 2012, to December 201,” and that the victim was granted KRW 1.5 million from the damaged person as a prepaid payment.”

2. On December 17, 2013, the Defendant: (a) made a false statement to the effect that “the victim does not have an intent or ability to work as a seafarer of a fishing vessel operated by the victimized person; (b) the victim does not have an intention or ability to work as a seafarer from June 2014 to December 201; and (c) received KRW 3 million from the damaged person, namely, a person who is affiliated with the victim, under the name of a person who is not in advance, and received KRW 4.5 million from May 8, 2014 to the horizontal account of the Defendant’s name, and received KRW 5 million in total from the same account on June 17, 2014, respectively.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act (including the case of paragraph (2) of the judgment below) and Article 347(1) of the same Act concerning the applicable criminal facts and the selection of fines

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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