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(영문) 인천지방법원 2020.06.26 2019고정2217
사기
Text

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

1. On August 10, 2018, the Defendant: (a) around 17:00, at the office located in Jung-gu Incheon, Jung-gu, Incheon, the Defendant entered into a boarding agreement with E (the age 42) who is the owner of the Victim’s Coast Guard D (7.93 tons) fishing vessel D (7.93 tons) from August 10, 2018 to November 30, 2018; and (b) concluded the boarding agreement.

However, the defendant did not have the intention to board the above fishing vessel.

As above, the Defendant deceivings the above victim and received one million won in cash from the above office.

2. On October 17, 2018, the Defendant entered into an oral boarding agreement with the captain I (58 years of age) of the Gunsan Coast Guard Fishing Vessel H (7.93 tons) in the G car page located in F in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, for a considerable period of time.

However, the defendant did not have the intention to board the above fishing vessel.

As above, the Defendant, by deceiving the said victim, received KRW 1 million from the said victim by account transfer on October 17, 2018 (a deposit account holder: J, NonghyupK), and KRW 1.3 million by account transfer on October 19, 2018 (a deposit holder: L and Nonghyup M), and received KRW 2.3 million through two occasions.

The facts charged shall be revised ex officio to the extent that it does not impede the defendant's exercise of defense.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E and I;

1. Seafarer boarding contract;

1. A specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (deposit certificates for ship use and attachment of ship documents);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act seems to be that the defendant recognized all of the crimes of this case and reflects them. However, the defendant did not agree with the victims or have not been used by the victims until now, and the same crime as the defendant committed.

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