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(영문) 제주지방법원 2013.10.30 2013고정616
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person who, as a seafarer, had been on board a ship in the inshore fishing vessel B (29 tons) of the Sungpo-si Port.

At around 1:30 on May 9, 2008, the Defendant made a false statement that the Defendant would be on board as a seafarer from May 10, 2008 to the time from May 10, 2008 to the time of the same year that the Victim E, who is the owner of B, would be on board as a seafarer at the D office located in Seopopo City C.

However, there is no intention to work on board the fishing vessel because of the lack of health conditions, such as the treatment of outpatients due to alcohol diseases.

Accordingly, the Defendant, by deceiving the victim as above, received one copy of the check of KRW 100,00 from the victim, that is, the Defendant received 2,000,000 from the Agricultural Cooperative Account under the name of the Defendant in the same day, and received KRW 2,100,000 from the account transfer.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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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