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(영문) 제주지방법원 2021.01.14 2020고단2687
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 5, 2018, the Defendant was aware of the victim B’s fraud at an insular place with the knowledge of the space between the rear vessels.

C Through C, the victim, the shipowner of D, “I would be on board D, first to pay KRW 2 million to seafarers,” and the victim’s residence in Seopopo-si E on February 11, 2018, said that “I will be on board D as a seafarer from August 1, 2018 to June 30, 2019, if I would pay KRW 20 million to the victim, including KRW 2 million already paid.”

However, even if the defendant is paid a friend from the injured party, he did not have the intention or ability to embark on the above fishing vessel.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the transfer of KRW 20 million from the victim to the FF association account (G) in the name of the Defendant; (c) obtained the payment in cash from the victim to the victim; and (d) obtained the cash payment of KRW 20 million on January 5, 2018.

2. On March 12, 2018, the Defendant: (a) the victim and the husband I of the victim at his/her husband at his/her port of Seocho-si, Seocho-si, the owner of his/her ship, made a false statement to the victim that “on the part of the victim, the Defendant would be on board the victim as the victim J’s crew from August 2018 to June 30, 2019, when he/she paid 24 million won in advance.”

However, even if the defendant is paid a friend from the injured party, he did not have the intention or ability to embark on the above fishing vessel.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim on March 12, 2018; and (b) obtained the remittance of KRW 24 million from the F Association account under the name of the Defendant to the F Association account (G) under the name of the victim on March 12, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of each police statement made to H and B, each contract, each remittance record, each remittance record, each of the particulars of payment, each of the internal investigation reports (receiving reports on damage), each of the internal investigation reports (verification of boarding records), ship nationality certificate, ship registry, and corporation registry;

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