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(영문) 광주지방법원 목포지원 2018.07.20 2018고정16
사기등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 6, 2017, the Defendant was sentenced to the violation of the Korean Marina Law (Gambling, etc.) and the suspension of the execution of eight months of imprisonment for fraud, and the judgment was finalized on July 6, 2017.

[2018 Highly 16] The Defendant, at the convenience store B in front of the apartment house B in the middle of July 2016, 2016, did not have the intent or ability to work as a seafarer on the ship of the victim D, even if he received the money from the victim D, the Defendant would be the victim D, who did not have the intention or ability to work as a seafarer.

On July 20, 2016, the victim acquired 12 million won from the victim D with the remittance of 12 million won under the name of advance payment.

[2018 High 78] From September 2, 2016 to September 3, 2016, the Defendant used 52 cards from G, H, I, J, K, etc., to exchange 4 cards on a total of 3 occasions by using 52 cards at the F offices located in G, H, I, J, and K, and then displayed the cards on a total of 52 occasions, and finally, sold them by means of the same method until February 8, 2017, including the gambling that a person who has a low number of cards becomes the winner.

Summary of Evidence

[2018 High Court 16]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a seafarer labor contract and passbook (2018 high-level 78);

1. Statement by the defendant in court;

1. Each protocol concerning the interrogation of a police officer in relation to J, G, L, M, N,O, I, H, P, or K;

1. An investigation report (as to specifying the amount of money and fees), an investigation report (as to the account transaction details);

1. Previous conviction in judgment: Application of Acts and subordinate statutes, such as inquiry about criminal history, reporting on the result of previous conviction and summary order;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the Criminal Act (the point of fraud, the choice of fines) and Article 246(1) of the Criminal Act (the point of gambling);

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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