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(영문) 전주지방법원 군산지원 2016.04.18 2015고정525
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant: (a) from June 27, 2012 to June 29, 2012, the victim E through D, an employee of the C office located in Gunsan-si B, Si, Gunsan-si; (b)

9. By 30.30, the phrase “the F (7.93 tons, mal., margical net, and Gunsan) stated that it would work on board as a seafarer of F (F).”

However, the defendant did not intend to board as a seafarer of the above fishing vessel.

The defendant deceivings the victim as above and received 2.5 million won from the victim under the pretext of advance payment.

2. On June 27, 2012, around 17:00, the Defendant told the victim H to the effect that “the victim H will board as an I’s seafarer for the period from July 1, 2012 to April, 2012.”

However, the defendant did not intend to board as a seafarer of the above fishing vessel.

The defendant deceivings the victim as above and received 4 million won from the injured party under the pretext of advance payment.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by each police officer in E and H;

1. Application of Acts and subordinate statutes on labor contract copies and advance payment receipts;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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