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(영문) 제주지방법원 2020.08.12 2018고단2048
사기
Text

No. 1 of the judgment of the defendant and No. 2-A of the judgment.

2. As to the remaining crimes, imprisonment for not more than two months and for each other.

Reasons

Punishment of the crime

[criminal power] On November 8, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Jeju District Court, and the judgment became final and conclusive on January 14, 2019, and completed the execution of punishment on January 25, 2019.

【Criminal Facts】

1. The Defendant, “The 2018 Highest 2048,” even if receiving the advance payment from the victims, did not intend to board the fishing vessel operated by the victims for the agreed period, and obtained a total of 5,500,000 won by deceiving the victims on two occasions as follows.

On April 10, 2018, the Defendant was transferred three million won to the Agricultural Cooperative Account in the name of the Defendant F, on the same day, to the effect that “C cafeteria” in Jeju City, “C cafeteria is required to be agreed upon by all tokens. To work as a seafarer E at the time when the operation on the Myeon is prepared.”

B. On April 23, 2018, the Defendant received a total of 2.5 million won, including the sum of 2.5 million won, from the Agricultural Cooperative Account in the said F’s name, on April 23, 2018, to the effect that “on the face of the advance payment, he/she will work as a seafarer by boarding the J from May 1, 2018 to the end of December 2018” from the H office located in G to the victim I.

2. The Defendant: (a) received advance payment from the victims, but did not intend to board the vessel operated by the victims during the agreed period; (b) received KRW 22 million in total from the victims as follows; and (c) obtained them by deception.

On May 3, 2018, the Defendant was transferred to the victim K with the Defendant’s account in his/her name, including KRW 3 million on May 3, 2018, and KRW 4 million on May 5, 2018, to the Defendant’s account in his/her name, for the purport that “on the face of the advance payment, he/she will work as a seafarer by boarding L from May 3, 2018 to May 2, 2019.”

B. On February 3, 2019, the Defendant against the victim M was aware of the victim M’s advance payment at the victim’s house located N on February 3, 2019.

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