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(영문) 제주지방법원 2019.06.27 2018고정104
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

The Defendant, at around September 24, 2014, prepared a seafarer labor contract and a certificate of prepaid on board under the condition that he/she will work as a seafarer from September 24, 2014 to June 30, 2015 on the part of the victim C, stating that “the Defendant will work as a seafarer on board the victim’s 10 million won in advance,” and that “the victim will work as a seafarer on board the victim’s 39 tons.” The Defendant, who is the victim’s owner, will be on board the ship, is likely to work as a seafarer. From September 24, 2014 to June 30, 2015, the Defendant prepared a seafarer labor contract and a certificate of prepaid on board under the condition that he/she will work as a seafarer on board the victim’s fishing vessel. However, there was no intention or ability to work as a seafarer.

Nevertheless, the Defendant, as above, by deceiving the victim, received 8 million won advance payment from the victim to the passbook in the name of the Defendant (E AssociationF) and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the head of a complaint, a copy of a seafarer labor contract, a copy of a DNA prepaid card, a copy of a detailed statement of transactions on an online cash deadline, and

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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