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Reasons
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(영문) 제주지방법원 2014.08.14 2013고단1656
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2013 Highest 1656]

1. Around February 7, 2013, the Defendant entered into an employment contract with the victim D located in Seopopopoposi C, and with the victim, the owner of inshore fishing E (29 tons) to work on board the said vessel as a seafarer during the said vessel from February 7, 2013 to September 19, 2013, and agreed to pay 4,772,000 won for the remainder of the settlement of accounts incurred while boarding the previous vessel, including KRW 27,772,00.

However, even if the defendant received the advance payment from the victim, he did not have the intent to properly board the ship during the period of the above boarding agreement and did not have the ability to pay the advance payment to be paid immediately when he left the ship voluntarily.

After all, the Defendant, as above, by deceiving the victim, received 17,000,000 won from the victim, excluding the remainder of the settlement of accounts from the amount of the prepaid deposit agreement.

2. At around 11:00 on May 17, 2013, the Defendant continued to be on board the ship in line with the date of departure from the ship of the same month, if the Defendant sent KRW 1,000,000 to the victim in advance under the name of living expenses, by contacting the victim.

However, even if the defendant received living expenses from the victim, he/she did not intend to board the ship.

After all, the Defendant, as above, by deceiving the victim as above, received 1,000,000 won from the victim as the prepaid for living expenses of the crew from the victim.

[2014dan665] On October 25, 2013, the Defendant entered into a car lease agreement with the content of paying rent of KRW 1,097,333 or KRW 1,138,200 per month for every 60 months from October 25, 2013 to October 25, 2018, at the victim Modern Capital Co.,, Ltd. Modle 30, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

The defendant is a lease fee of 2 million won while keeping the above car for the victim.

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