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(영문) 춘천지방법원 강릉지원 2018.08.31 2018고단734
사기
Text

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

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

Reasons

Punishment of the crime

On April 7, 2018, the Defendant listened to the victim G, the captain of the “E” (around 66 tons, current name change to F) of the fishing vessel from the “D D D D D” located in Gangnam-si, Gangnam-si, 2018, and sought a seafarer who will be on board the said fishing vessel from the port at the end of May 2018, the Defendant heard the victim’s speech that the said fishing vessel would be on board the port at the end of May, 2018, and would be on the part of the victim with good faith.

However, first, the phrase “prepaid gold” is called as “prepaid gold.”

However, in fact, the defendant only thought that he would be used for living expenses by receiving money from the injured party, and he did not intend to work as a seafarer on board the above fishing vessel.

Defendant 1 received a sum of KRW 1 million under the same name through the said account on the 9th day of the same month from the victim who caused such false statement to the victim and received a total of KRW 3 million, including KRW 700,000,000 from the said account on the 28th day of the same month, from the victim through the Agricultural Cooperative (H) account in the name of the Defendant on the same day, and KRW 1,300,000 from the said account on the 20th day of the same month, but did not board the said fishing vessel on May 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the Acts and subordinate statutes to the victim's mobile phone transfer details related to the payment of boarding advance return, a copy of the passbook account that has remitted the amount of damage, or a victim's

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the parties have agreed to pay the amount of damage and to pay it smoothly with the victim);

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