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(영문) 제주지방법원 2020.10.30 2020고단113
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

around 16:00 on December 24, 2018, the Defendant told the victim E (the age of 43) (the age of 30 million won) who is the owner of the coast cabnet fishing vessel D (9.77 tons) in Jung-gu Incheon Metropolitan City, Jung-gu, to work as a seafarer at D from January 20, 2019 to December 31, 2019.

However, even if the defendant receives a prepaid payment from the victim, he did not have the intention or ability to work normally after boarding D.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the G bank account in the name of F designated by the Defendant under the name of the victim in advance on the same day.

Summary of Evidence

1. Entry of each protocol of examination of suspect against the defendant prepared by the police;

1. Statement of statement E prepared by the police officer;

1. Entry of complaint forms of E;

1. Each entry into the details of I financial transactions, copies of employment contracts, and copies of cash receipts;

1. Application of video-related Acts and subordinate statutes to photographs of the details of account transfer submitted by complainant E;

1. Reasons for sentencing [the scope of applicable sentences under the law] of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act’s choice of punishment [the scope of applicable sentences under the law] 1 month to 10 years [the decision of punishment] fraudulent crime, general fraud, and Type 1 (less than 100 million won) / [ the scope of recommended punishment] basic area / 6 months to 6 months to 1 year [the decision of sentence] 4 months [the defendant’s actual acquisition profit is not a relatively large amount, and a sentence exceeding the lower limit of the sentencing guidelines is imposed] against the defendant: A summary order of 2 million won to be punished for fraud from the Fag branch of the Gwangju District Court on November 20, 2013; a summary order of 4 million won to be punished for fraud on November 19, 2014; a summary order of 3 million won to 3 million won to 15 million won to 3 million won to 18.15 million won to /17.

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