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(영문) 제주지방법원 2014.04.24 2013고단1574
사기
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On September 16, 2013, the summary of the facts charged, the Defendant, at the home of the victim D located in Seopopo-si, Seopo-si, Seopo-si, Seopo-si, Jeju, on September 16, 2013, made a false statement to the effect that “The Defendant, despite no intent or ability to embark on the victim’s vessel, is on board the victim’s vessel, will be on board the victim as a seafarer for about six months from September 17, 2013 to February 2014, he/she acquired KRW 20 million from the victim as a prepaid payment.”

2. Determination

A. On September 22, 2013, the Defendant denied the instant facts charged while informing F, a co-owner, of his/her intention to embark on the ship on September 23, 2013.

B. As shown in the facts charged in the instant case, there are the statements made by the police officer on D, the statements made by the witness D in the third protocol of the trial, and the witness F’s legal statement.

According to the above evidence: (a) from around 2007 to around seven years, the Defendant was on board E (hereinafter “instant vessel”) operated jointly by D and F as a seafarer; (b) on September 16, 2013, when settling accounts between F and F in charge of recruitment and management of crew members, the Defendant was on board the instant vessel for about six months before February 2014, and was transferred KRW 20 million from D on September 17, 2013 to the head of the instant vessel on the condition that he was on board the instant vessel for about six months until February 2014; and (c) at the time, the Defendant did not set a specific date on September 20, 2013 to the seafarers, including the Defendant, and transferred money from the Defendant’s residence during the period from September 20, 2013 to September 21, 2013, and (d) on September 3, 2013 to September 21, 2013.

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