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(영문) 제주지방법원 2020.06.25 2020고단833
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant: (a) around November 22, 2019, at the same time, on the part of the Defendant: (b) around November 22, 2019, up to December 12, 2019, the Defendant decided to go aboard the said C and work as a seafarer on board the said C from November 28, 2019 to December 12, 2019.

However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to work after boarding the ship as a seafarer in the above C.

As such, the Defendant, by deceiving the victim as such, received from the victim a total of 4 million won, including the sum of 1 million won on November 22, 2019 and 3 million won on November 25, 2019, under the name of the victim, as advance payment, from the victim, under the name of the Defendant.

2. Around 13:00 on January 10, 2020, the Defendant decided that the Victim F, the owner of a coastal net fishing vessel H (9.77 tons) at the Mapo-si Gel Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-

However, even if the defendant receives the advance payment from the victim, he did not have the intention or ability to work after boarding the ship as a seafarer in the above C.

The Defendant, as such, by deceiving the victim, received from the victim a sum of KRW 5 million on January 10, 2020, including KRW 5.5 million on January 14, 2020, and KRW 5.5 million on January 14, 2020 from the victim in cash at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of Acts and subordinate statutes to photograph each complaint letter, details of advance payment made by the victim, work and boarding contract prepared by the suspect, photographs taken by the suspect at the time that the suspect was delivered five million won or more in advance, loan certificates and boarding contract prepared by the suspect at the time that the suspect was delivered five million won or more in advance, and photographs of the suspect at the time of delivery of the advance payment;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 37 of the Criminal Code among concurrent crimes.

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