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(영문) 제주지방법원 2014.07.04 2014고단498
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 20, 201, the Defendant: (a) received the introduction of the owner of the vessel D (Korean-style 9.77 tons coastal complex fishing vessel) from the victim C in Jeju-si around December 20, 201; and (b) demanded F (Korean-style 9.7 tons coastal complex fishing vessel) to work in good faith as a seafarer until May 2012, which is the fishing vessel owned by the victim; and (c) required F (Korean-style Maritime complex fishing vessel) to work in good faith as a seafarer from May 201 when the fishing operation of the said D is resumed.

However, the defendant did not intend to work faithfully on the victim's fishing vessel.

Ultimately, the Defendant, as seen above, by deceiving the victim, received KRW 1 million on the same day check from the victim, and thereafter, received additional KRW 100,000 from January 20, 2012, including KRW 100,000,000,000 from March 2, 2012.

2. The Defendant committed the crime against the victim G while avoiding boarding by doping the personal circumstances, etc. against the said F owner on January 14, 2012, at the victim G located in Jeju-si, the Defendant demanded that the victim work as a seafarer in good faith from H (an inshore fishing vessel equivalent to 12 tons of the Chinese Forest Shipment) which is a fishing vessel owned by the victim, and that the Defendant would work as a seafarer.

However, the defendant did not intend to work faithfully on the victim's fishing vessel.

Ultimately, the Defendant, as seen above, was accused of the victim and received KRW 2 million from the victim as a prepaid deposit on or around January 16, 2012, and thereafter, was additionally granted KRW 300,000,000 around February 4, 2012, KRW 700,000 around February 13, 2012, KRW 20,000 around March 7, 2012, KRW 280,000 around March 9, 2012, and KRW 10,000,000 as a prepaid deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

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