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(영문) 전주지방법원 정읍지원 2019.09.26 2018고단422
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around 16:30 on January 17, 2018, the Defendant made a false statement to the owner E of “C party headquarters” in “C party headquarters located in B, Yannam-si, Yanannam-si, Yandong-gun, Yandong-gun, Yandong-gun, Yandong-gun, the owner of the coastwise D (9.77 tons) for the introduction of crew members to board D a coastwise fishery vessel owned by the victim to the amount of KRW 4 million.”

However, the defendant did not know the seafarers to board the above fishing vessel and did not have any intention or ability to introduce a seafarer even if he did not receive money from the victim as a referral fee.

The Defendant, as above, by deceiving the victim, received 4 million won from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F, G, and victim E;

1. Employment contracts;

1. Application of statutes governing inquiries about details of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has been punished several times by fraud by acquiring prepaid money, etc.

[The sentence of punishment from 1981 to 1997, four times from 198 to 1993, nine times from 2004 to 2013, and two years of suspended execution in February 7, 2014] Provided, That the amount of damage is not significant, and the defendant's health is not good, and there seems to be mental problems recently.

In addition, the punishment shall be determined as per the disposition, comprehensively taking into account various circumstances about sentencing, including the defendant's age, character and conduct, and environment.

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