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(영문) 제주지방법원 2013.06.19 2013고정118
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Jeju District Court, which became final and conclusive on June 8, 2012.

1. On March 7, 2012, the Defendant made a false statement to the victim C that he/she will be on board from March 8, 2012 to September 29, 2012 as a crew member of D shipment E (30 tons and inshore succession) if he/she would take 9.2 million won in the coffee shop in the world of the old city of Jeju-si.

However, the above ship did not intend to board as a seafarer.

The Defendant, as such, by deceiving the victim, received 6.2 million won as a prepaid payment from the victim.

2. On February 9, 2012, the Defendant: (a) on February 15, 2012, the Defendant: (b) on February 9, 2012, at the time of Seopopopopo City FF G’s residence; (c) on the face of Jeju, 3 million won in advance at the victim G, the Defendant was on board the said victim’s D shipment H (29 tons and inshore succession); and (d) the Defendant

However, the above ship did not intend to board as a seafarer.

The Defendant, as such, by deceiving the victim, received three million won as a prepaid payment from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to C and G;

1. Inquiry into a detailed statement of deposit, cash storage certificate, and A boarding;

1. Records before judgment: Application of inquiry records such as criminal records, etc. and Acts and subordinate statutes of confinement certificates;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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