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(영문) 제주지방법원 2016.10.12 2016고단988
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around September 2015, the Defendant received the Victim F, a captain, through D, who is the captain of Seopopopos C (29 tons) around 2015. At the time, the Defendant re-explosived his parents and siblings at 43 years only, and did not have any intent or ability to work on board the above E. The Defendant had to pay the aforementioned prepaid payment to G owner, who has already been causing 30 million won of the prepaid payment, and was able to receive the prepaid payment from the victim on the premise of preparing living expenses to be used with the said family members.

On September 24, 2015, at around 15:00, the Defendant entered into a contract with the victim to work as a seafarer for about one year from September 29, 2015 to September 30, 2016, after entering into a seafarer labor contract, a boarding contract, a certificate of money borrowed, and a certificate of cash custody, etc., located at the H hotel 1st floor coffee located at the Seopopopopo City of Seopopopopo, as if the victim were to work as a seafarer.

Therefore, the Defendant received from the victim the amount of KRW 30 million in cash and KRW 10 million in cash from the victim to pay the amount of KRW 40 million in lieu of the victim, and paid the amount of KRW 30 million in cash to the victim out of KRW 40 million in advance, such as receiving the amount of KRW 40 million in advance, and brought about KRW 10 million in cash, a creditor of the Defendant, who was on the site of the Defendant, to the remainder of KRW 20 million in cash.

The defrauded obtained this.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of the police officer against the accused (second time, second time, and offense examination);

1. The police statement concerning F;

1. Cooperation and replies for investigation data, investigation reports, investigation reports, and investigation reports;

1. Application of Acts and subordinate statutes to a cash storage certificate, seafarer labor contract, boarding contract, and money borrowed certificate;

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

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