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(영문) 창원지방법원 통영지원 2018.11.21 2018고단711
사기
Text

Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

[criminal records] On May 23, 2017, the Defendant was sentenced to ten months of imprisonment for fraud at the Changwon District Court’s territorial branch, and completed the execution of the sentence at the Common Detention House on November 3, 2017.

[2] On January 2, 2018, the Defendant made a false statement to the effect that “The Defendant will board the victim as a seafarer of E (on January 9, 2018, a fishing vessel operating at the coast) owned by the victim for one month from January 9, 2018 to February 9, 2018” to the victim D’s office located in Si/Gu, Si/Gu, Si/Gun, Gyeong-nam.

However, the defendant did not have the intention or ability to board as the crew of the above ship even if he received the advance payment from the injured party.

The Defendant was transferred from the victim to the F account in the name of the Defendant, one million won on January 2, 2018, three million won on January 5, 2018, and four million won on a total from January 5, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of each letter of payment in cash, a copy of a seafarer employment contract, and details of transactions on deposit and withdrawal;

1. Investigation report (report on telephone conversations between witnesses);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of previous same criminal history), and application of Acts and subordinate statutes on personal confinement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the advance payment on board, etc., and the Defendant had been punished by imprisonment or a fine several times by fraud. The crime of this case is committed by the termination of the execution of imprisonment with prison labor for the same kind of fraud and only two months, and the Defendant’s failure to board his/her ship is deemed to have suffered considerable damage due to the Defendant’s failure to operate his/her ship.

On the other hand, it is not so big, and it is agreed to repay the acquired money to the victim.

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