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(영문) 광주지방법원 목포지원 2017.10.17 2017고단936
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. Around November 4, 2013, the defrauded made a false statement to the victim E, the captain of the ship, such as “C,” at the “C” coffee shop located in B, “D,” stating, “A request to pay KRW 30 million in the name of advance payment to the above seafarers as a result of introducing four to five seafarers, such as F, G, H, and I,” and the victim at the “K” coffee shop located in J on December 23, 2013.

However, the above seafarers had already worked as a seafarer in the “L”, which is another vessel, and had been promised to work in the “L” continuously for 2014, and the Defendant was planned to use the money received from the victimized seafarers as a means of personal living expenses and borrowing money from the victimized seafarers instead of paying the said amount in advance. Thus, even if receiving the said money from the injured party, the victim did not have the intent or ability to introduce the said money to the injured party to have him/her work in the vessel under the victim’s management.

Nevertheless, on November 4, 2013, the Defendant was issued 30,000 won check at the above “C” coffee shop by deceiving the victim, and around December 23, 2013, the Defendant received 5 copies of KRW 1 million check at the above “K” coffee shop.

As a result, the defendant deceivings the victim and received a total of KRW 35 million over twice.

2. Violation of employment stability laws; and

(a) A person who intends to run a fee-charging job placement business shall register with the administrative agency having jurisdiction over the location of the principal place of business;

Nevertheless, the Defendant, without registering with the competent authority, introduced H, G, and I, a job seeker who intends to work from “Nel” located in M on January 2015 as a seafarer, to P as the job offerer of “O” and concluded an employment contract by introducing H, G, and I to P.

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