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(영문) 광주지방법원 목포지원 2019.11.26 2019고단71
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant was sentenced to four months of imprisonment in the Jeju District Court for fraud, and the Defendant completed the execution of the sentence in the Jeju Prison on June 1, 201.

1. On July 5, 201, the Defendant committed the crime against the victim B: (a) at the victim B’s house located in Jeju Island around July 5, 201; (b) Notwithstanding the victim’s fishing vessel having no intent or ability to work on board as a seafarer, the Defendant prepares a “seafarer labor contract” with the victim stating that the victim will work on board as a seafarer of the fishing vessel D if the victim’s fishing vessel did not have an intention or ability to work on board; and (c) on July 10, 2012, the victim’s false statement stating that the victim will work on board as a seafarer of the said fishing vessel by no later than June 30, 2013, and that the victim will work on board as a seafarer of the said vessel by no later than June 30, 2013 in addition to the advance payment.

6. Upon receipt of the transfer of KRW 14 million to the E bank account (Account Number:F) in the name of the accused, and upon receipt of a cash payment of KRW 5 million on July 10, 2012, a total of KRW 20 million was acquired by defraudation.

2. On March 10, 2016, the Defendant committed the crime against the Victim G refers to the I.S. bank located at H at Jeju-si, and even if there is no certain income, the Defendant borrowed money from the Victim G with no intent or ability to repay the money, despite the absence of intention or ability to repay the money, and the Defendant acquired the money from the said Victim as the borrowed money, namely, KRW 200,000,000,000,000 on April 1, 2016 from the victim, and KRW 5,000,000,000,000,000 from April 201, 2016.

3. On June 14, 2016, the Defendant who committed the crime against the Victim J will lend KRW 1.50,000 to the Victim J who became aware of the treatment while being hospitalized in spite of the absence of intent or ability to repay the loan to the Victim J, even if there is no certain amount of income, and even if the Defendant borrowed money from the Victim J, the Defendant will repay the loan to the Victim J.

‘Falsely speaking, it was obtained 150,000 won from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1.With respect to B, G and J, respectively.

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