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(영문) 제주지방법원 2012.12.28 2012고정807
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Fraud against the victim B (2012cc. 807) around 11:00 on October 7, 2006, the Defendant: (a) made a false statement to the victim B’s house located in Seopopopo City C; (b) the victim did not intend to work as a seafarer from D owned by the victim to work as a seafarer; and (c) obtained a KRW 5 million from the victim’s place to obtain a false statement to the victim that “the victim would work as a seafarer with a prior payment in advance; and (d) obtained five million won from the victim.”

2. Fraud against the victim E (2012 high-level8) around 14:00 on December 6, 2006, the Defendant acquired 300,000 won in advance from the victim’s place and acquired it by deception, on the following grounds: (a) the Defendant did not intend to board the victim’s G (29 tons) with the victim’s crew; (b) the Defendant did not intend to board the victim’s vessel G (29 tons) with the victim’s crew; and (c) the Defendant did not request the victim to board the victim’s vessel from December 10, 2006.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement of B and E;

1. Application of Acts and subordinate statutes governing cash custody certificate;

1. Article 347 (1) of the Criminal Act applicable to the crime. Article 347 (1) of the same Act

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act. Article 50 (Aggravation of Punishment as to Crimes against Victims B with heavier Crimes);

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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