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(영문) 인천지방법원 2017.03.17 2016고단7598
사기
Text

A defendant shall be punished by imprisonment for four months.

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 around February 2015, to the victim E, who is the owner of the ship D in the west-gun, Chungcheongnam-gun, west-gun, west-gun, where “The Defendant goes on board the ship on the Myeonk-gun, and goes on the spring rail.”

The phrase “ makes a false statement.”

However, the facts are that the defendant thought F to be on board F with a debt, so even if he receives money from the injured party, he did not intend to get him on board D and to do so.

On February 9, 2015, the Defendant acquired 6,400,000 won from the damaged person to the Saemaul Treasury account in the name of the Defendant.

2. The Defendant, around July 2015, in the west-gun C of the west-gun of the west-gun, issued the Defendant’s certificate of “the Defendant did not get off the spring clock.”

A The fireworks will be fleeped by A. B.

A false statement was made that “A seafarer will do so extremely on the face of a seafarer’s failure to pay a seafarer’s boat.”

However, in fact, the Defendant had already been aware of the obligation to take approximately KRW 56 million on board G due to the Defendant’s failure to take a vessel on board G by receiving only the crew’s payment, and thus, there was no intention to take the Defendant on board D even if he received money from the injured party.

The Defendant acquired the total of KRW 11,500,000,000 from the victim to the above account on July 3, 2015, and KRW 5,000,000 around July 11, 2015, and KRW 1,50,000 around July 14, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning filing of a complaint, employment contracts for seafarers of a fishing vessel, and remittance confirmation;

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

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. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Type Determination]: Class 1 (less than KRW 100 million) (person with special sentencing): In the event that punishment is not imposed or considerable damage is recovered, [the scope of recommended punishment] mitigation area, one month to one year [the scope of final sentence due to the increase of multiple offenses] one month to one year and six months;

2. Sentence;

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