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(영문) 인천지방법원 2016.09.23 2016고정2103
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant is a non-permanent position.

On August 5, 2014, at around 11:00, the Defendant made a false statement to the victim D that “The Defendant will get the victim D to work on his/her fishing boat E (9.77 tons) of the Incheon coastal Coast Coast Guard E (9.77 tons) from September 1, 2014 to December 31, 2014. Therefore, the Defendant would give priority to KRW 10,000,000,000, on the pretext of a prepaid deposit.”

The fact is that the crew did not have the intention or ability to work on board even if the crew did not receive the advance payment.

Nevertheless, by deceiving the victim as such, the victim was delivered KRW 10 million to the account in the name of the defendant under the name of the victim in advance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of each of the Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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