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(영문) 창원지방법원 2017.01.20 2016고단3162
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, on December 2, 2014, shall have the victim B and the victim C to work as a seafarer in the ship of the victim B and the victim, and at the certified judicial scrivener office located in the Dong-gu Ordinance of the Net City around the 29th day of the same month, the victim shall pay the defendant a 15 million won amount with the advance payment, and if the defendant intentionally retires before the expiration of the working period, his whereabouts is concealed, and fails to comply with the working period, the defendant shall be liable to pay the advance payment and the corresponding liability for damages.

“,” entered into an employment contract with the content thereof.

However, the Defendant did not have the intention or ability to board as a seafarer in C, and at the time, the Defendant did not have any particular income or ability to repay with the bad credit for a long time, and thus, the Defendant did not have any intention or ability to repay the unpaid amount as agreed upon, even if he did not board the victim

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received a total of KRW 15 million from the injured party on December 19, 2014 and December 24, 2014; (c) KRW 5 million each on the 29th day of the same month and the 31st day of the same month; (d) KRW 100,000,000 on January 7, 2015; and (e) KRW 2 million on December 12, 2011.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the statutes on short-term workers' labor contracts and banking account transactions;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is a previous conviction of a fine for a different kind of crime between the last ten years, that there is an agreement with the victim, and that there is a late contrary to the latter);

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