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(영문) 광주지방법원 순천지원 2017.07.14 2017고단681
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Although the Defendant was not physically required to board a fishing vessel on March 22, 2016, such as receiving medical treatment from a member of the Council located in B at the time of influence, due to a usual chronic disease, the Defendant received 40 million won from the victim E, who is the owner of the “D” fishing vessel on September 15, 2016 and promised to work on board the said fishing vessel from September 19, 2016 to July 30, 2017.

1. On August 4, 2016, the Defendant calls from the victim at an influence place and calls “a hospital cost is needed due to the occurrence of denial.”

On board a fishing vessel, the fishing vessel made a false statement to the effect that "10 million won is changed to the prepaid gold."

However, even if the Defendant received the advance payment from the injured party, the Defendant did not have the intent or ability to work on board the injured party's fishing vessel for the above period.

On the same day, the Defendant received KRW 5 million from the injured party to the Suhyup Bank account with the name of the Defendant, and KRW 10 million in total, including the remaining five million from August 25, 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 17, 2016, the Defendant made a false statement that “A victim, while making a telephone conversation with a victim at an insular place, shall be on board a fishing vessel with the victim “I will be on board a fishing vessel in lieu of a full payment of KRW 50 million in advance, instead of a full payment of KRW 50 million from F.”

However, even if the victim is paid with the advance payment instead of the advance payment, the defendant did not have the intent or ability to work on board the victim's fishing vessel during the above period due to the above disease, etc.

On September 19, 2016, the Defendant exempted the victim from paying the debt equivalent to the same amount as to the said G by requiring the said G to pay the sum of KRW 20 million, including the remainder of KRW 30 million, around September 20, 2016, to G, which is the F Line owner, around September 19, 2016.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

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