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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On April 30, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of obstruction of performance of official duties, etc. at the Daejeon District Court Seosan Branch, which became final and conclusive on May 8, 2015.
On July 24, 2014, the Defendant’s false statement to the effect that “C” restaurant located in Nam-gu Incheon Metropolitan City, and that “C will serve the victim D as a seafarer from September 1, 2014 to December 31 of the same year from around September 1, 2014, the Victim E (9.16 tons), a fishing vessel of the victim, as a seafarer, from around September 1, 2014 to around December 31 of the same year,” and that the Defendant’s statement to the Defendant’s account of community credit cooperatives under the pretext of advance payment from the victim to the Defendant’s community credit cooperatives account under the pretext of advance payment.
8.2. 1,00,000 won, and the same year.
8.3.2,00,000 won, and the same year;
8. The sum of KRW 6,000,000 was received on December 1, 1990.
However, even if the defendant received the advance payment from the victim, he did not intend to work as a seafarer from the above E.
Accordingly, the defendant acquired the victim's property by fraud.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. Details of account in E passbook;
1. Previous convictions in judgment: One copy of case search, and application of Acts and subordinate statutes of a written judgment;
1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The fact that there is no agreement with the victim on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is a criminal record of the sentence four times of suspended execution, one time of fine and seven times of fine (including once of the same kind), the fact that the crime is recognized and reflected, and other punishment shall be determined as per the disposition in consideration of equity in the case of being sentenced simultaneously with the final and conclusive judgment, the amount of fraud, the number of the accused's age, character and behavior, character and environment, motive and circumstances leading to the instant crime, etc.