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(영문) 인천지방법원 2016.05.27 2016고정807
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Incheon District Court on July 23, 2015, and the said judgment became final and conclusive on October 1, 2015.

[2] On July 25, 2014, the Defendant: (a) 19-1 near the Maspo Port located in Seopo-si, Seopo-si, Seopo-si, 19-1, on July 25, 2014, was on board C as a seafarer from July 28, 2014 to June 30, 2015.

After making a false statement, the seafarer’s labor contract with the aforementioned content was prepared.

However, even if the Defendant received the advance payment from the injured party, he did not have the intent or ability to work on board C as a seafarer, and the Defendant actually escaped from the date of receiving the advance payment to contact with the injured party.

Nevertheless, the defendant, as mentioned above, obtained 5 million won from the injured party to the Nong Bank account in the name of the defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: (A) a statement of inquiry about criminal history, report on investigation (Attachment to the said judgment), application of Acts and subordinate statutes as a result of the case search;

1. Article 257 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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