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(영문) 제주지방법원 2018.10.16 2018고단1779
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On July 18, 2017, the Defendant is serving as a seafarer by boarding D from August 2017 to July 2018, 2017 to the victim E (the 44 years of age) who is the owner of a fishing vessel “D” (the 44 years of age).

“The phrase “ was false.”

However, in fact, the defendant received money from the injured party under the pretext of advance payment and thought to be used for the repayment of existing debts or entertainment expenses, and he did not intend to work as a seafarer on board the above D.

Nevertheless, on July 24, 2017, the Defendant was transferred KRW 10 million to the Nonghyup Bank account in the name of the Defendant around July 24, 2017 from the damaged party.

Accordingly, the defendant was given property by deceiving the victim.

2. On July 26, 2017, the Defendant is serving as a seafarer on G from August 10, 2017 to April 30, 2018, to the victim H ( South, 59 years old), the owner of a fishing vessel, “G”, to whom he/she is the owner of the vessel, to whom he/she works as a seafarer.

“The phrase “ was false.”

However, in fact, the defendant received money from the injured party under the pretext of advance payment and thought to be used for the repayment of existing debts or entertainment expenses, etc., and he did not intend to work as a seafarer on board the above G.

Nevertheless, around 11:00 on July 26, 2017, the Defendant was transferred KRW 20 million from the injured party to the Nonghyup Bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A copy of each seafarer labor contract and each passbook;

1. Application of the Act on Transactions in the Agricultural Cooperatives’ Account

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes is against the Defendant’s recognition of all of the instant crimes, and the victim E as a result of efforts to recover damage.

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