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(영문) 제주지방법원 2014.05.23 2014고단226
사기
Text

A person shall be punished by imprisonment with prison labor for not less than six months for each crime set forth in paragraphs 1 and 2 of the judgment of the defendant.

except for the crimes of No. 2 of the holding.

Reasons

Punishment of the crime

1. The crime of fraud against the victim C (2014 highest 226) made a false statement to the effect that, around 13:00 on September 17, 2013, the Defendant acquired the victim C, the owner of “F” (29t) from E office located in Seopopopopo City D, and the fact that, even if receiving a prepaid payment from the victim, even though the victim did not intend to work on the said fishing vessel, the Defendant acquired the said fishing vessel’s seafarer from the victim by transfer of KRW 20 million from the victim’s account in the same day to the Defendant’s prepaid account (F), and that, even if he did not intend to work on the said fishing vessel, the amount of KRW 20 million from September 17, 2013 to September 2014.

2. On April 12, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) at the Jeju District Court on April 12, 2013, and on April 20, 2013, the judgment became final and conclusive on April 20, 2013.

【Criminal Facts】

At around 11:00 on July 10, 2012, the Defendant, at the office of “K” victim H located on the fourth floor of the J building in Jung-gu Incheon, Jung-gu, Incheon; even if having received a prepaid payment, the Defendant, despite having failed to express his/her intent or ability to work on board the said vessel, stated that “the Defendant would work on board the said vessel as a seafarer of the said vessel during the operating period of 2012 on the face of the 2012,” and received from the victim the amount of KRW 2 million on the spot, and the sum of KRW 80,000,000,000 from July 23, 2012.

Summary of Evidence

[2014 Highest 226]

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Transfer receipt and details of transactions (2014 highest 397);

1. Statement by the defendant in court;

1. The police statement of H;

1. A copy of a specification of transactions;

1. Previous convictions in judgment: The application of Acts and subordinate statutes of investigation reports (a copy of judgment);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act and the choice of imprisonment;

1. Concurrent Handling: The crimes provided for in the latter part of Article 37 and Article 39(1) of the Criminal Act are committed;

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