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(영문) 창원지방법원 진주지원 2016.04.05 2015고단814
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 5, 2014, the Defendant called the victim C at a closed place on September 5, 2014, and called the victim C to work as a seafarer on board D before February 2015, 2015 from the date on which he/she saw 15 million won in advance.

“.......”

However, even if the defendant received the advance payment from the injured party, he did not have the intention or ability to work as a seafarer after boarding D during the period of such promise.

The defendant deceivings the victim as above and received 6 million won in cash from Sacheon-si E 502 around September 7, 2014 from the injured party. On the same day, the defendant was transferred KRW 9 million to the bank account in the name of the defendant.

Accordingly, the defendant was given property worth KRW 15 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A complaint;

1. Application of Acts and subordinate statutes governing advance payment contract;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, and imprisonment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that a sentence shall be imposed in consideration of various circumstances, such as the following: (a) the nature of the crime is inferior in that it fails to implement the promise even after receiving the advance payment; or (b) the amount of fraud, including the fact that there is no same kind of power, motive, means and consequence

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