208 Highest 301 Fraud

208 Highest 3343 (Joints)

208 Highest 3972(Joints)

208 Highest 4355 (Joints)

A (58years, South, and North)

Kim Jong-hun

Attorney Park Sung-sung (Korean)

September 23, 2008

A defendant shall be punished by imprisonment with prison labor for not less than one year and six months. 111 days of detention prior to the pronouncement of such judgment shall be included in the above sentence.

Criminal facts

The defendant was sentenced on February 17, 2003 to two years and six months of imprisonment with prison labor for habitual fraud at the Busan District Court on May 16, 2005, and completed the execution of the above sentence:

1. On May 27, 2006, 14:00, at Gamba-dong, the Gamba-dong at Gamba-si, and the fact is, even though there was no intention or ability to work as a seafarer under the victim 51 X owned by the victim 51 X, such as the promise to board another vessel, but the victim’s agent, he was aboard the captain B with advance payment from August 27, 2006 to February 2, 2007, and he was received from B to receive 5,000,000 won as advance payment from that place to February 2, 2007;

2. On September 21, 2006, the victim 52's house located in Seopo-dong in Seopo-si, Seopo-si, and the facts were no longer capable of performing any work, and they were committed to be on board other ships, but they did not comply with the promise, etc., the victim's seafarer's intent or ability to work as the victim's seafarer although he did not comply with it, the victim's "on the part of the victim's seafarer's seafarer's ship on October 7, 2006 to the lower order from May 7, 2006 to receive 300,000 won from the victim's workplace as advance payment, from that time to October 7, 2006, after receiving 30,000 won from the victim's employee on the part of the victim's ship on the part of the victim's ship on his own as stated in the attached list of crimes (pre-paid).

3. On October 11, 2006, at the house of the victim 53 in Sungsan-si, Seopo-si, Seopo-si, the fact is that the victim did not have the intent or ability to work as the crew of the victim due to the circumstances referred to in Paragraph 2, but it is false that the victim will work on board the Z area operated by the victim from the next day of the victim's face of advance payment, and that the victim will work on board the Z area operated by the victim, and the victim shall receive 6,00,000 won from the place for advance payment, and shall defraud it by fraud;

4. At around 12:00 on April 17, 2007, 12:00, the victim 54 owned by the ship at the ship at the ship at the ship at the ship at the ship at the ship at the ship at the ship at the port in Busan, Seo-gu, Busan, and the fact is abnormal, and it is impossible to work properly because of the fact that there are several times or more, and there is no intention to board even after receiving a prepaid payment, and even though there was no intention to have C, etc. get C, etc. to get a seafarer on board, it is false that the victim “I am at the time of shock fishing, and I am more than 1,00,000,000 won including the advance payment, which is to get a thickness, and the victim received from the victim 20,500,000 won under the name of the victim 's pre-paid payment of KRW 5,500,000,00 as one person to work.”

Around 09:20 on April 20, 2007, the victim shall be given KRW 1,00,000 to the person who gave 5,00,000,000 to the victim. It shall be given 300,000,000 by means of online remittance from the victim for the balance of advance payment. At around 12:00 on the same day, the victim shall be given 300,000,000 by online remittance for the remainder of advance payment. The fact that the victim shall work as the victim's seafarer at the head of Suwon-gu, Busan, and around 12:00 on the same day is as follows: (a) even if there is a need for medical treatment and living expenses of the party, even if he/she borrowed money separately from the victim, he/she does not have the intention or ability to complete the payment, and thus, he/she shall obtain 1,00,000,000,000,0000,000 loan,0000.

5. From June 20, 200 to Jun. 11, 2007, at the port-to-port port-to-port port-to-port port-to-port port-to-port ports-to-port ports-to-port ports-to-port ports-to-port-port-to-port ports-to-port ports-to-port-to-port-port ports-to-port-port-to-port-port-port-to-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-port-

6. Around 14:00 on September 14, 2007, at the Sugsan-dong, the Sugsan-dong, even if he received the advance payment, he was unable to have the intent or ability to work as a seafarer by boarding the Defendant’s husband G, but he did not have the intent or ability to work as a seafarer by boarding the Defendant’s her husband G, but the victim said that “the Defendant would have 2,200,000 won of the advance payment to repair the goods necessary for fishing on the face of the week and to work as a seafarer three days after boarding the vessel on the face of the week,” and then he received 2,200,000 won from the victim as the advance payment.

Summary of Evidence

omitted.

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

2. Aggravation for repeated crimes;

Article 35 of the Criminal Act

3. Aggravation for concurrent crimes; and

The former part of Article 37, Article 38 (1) 2, Article 50, and proviso of Article 42 of the Criminal Act

4. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges Lao Young-gu