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(영문) 제주지방법원 2016.01.08 2015고정672
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 17, 2013, the defendant of "2015 High 672" was sentenced to a suspended sentence of ten months of imprisonment with prison labor for fraud, etc. at the Jeju District Court on July 25, 2013, and the above judgment became final and conclusive on July 25, 2013.

On December 22, 2012, around 14:00 on December 22, 2012, the Defendant: (a) was on board D from December 24, 2012 to January 4, 2013, where the Defendant met the victim E, the owner of the inshore fishing vessel D, the inshore fishing vessel, at the c cafeteria located in B, and (b) was on board D, which was the captain, to work as the seafarer.

was made.

However, even if the defendant received a advance payment, he did not intend to work as a seafarer.

The Defendant, as such, by deceiving the victim, received 2030,000 won from the damaged party under the pretext of a good-faith.

On July 17, 2013, the defendant of "2015 High 673" was sentenced to a suspended sentence of ten months of imprisonment with prison labor for fraud, etc. at the Jeju District Court on July 25, 2013, and the above judgment became final and conclusive on July 25, 2013.

The defendant is a person who is on board as a seafarer of the F of the coastal self-net fishing vessel in Incheon Metropolitan City.

On February 20, 2013, the Defendant entered into a boarding agreement at H (cafeteria) located in G at Jeju on February 20, 2013 on the condition that he/she will be on board from the victim I to the crew of the J (29 tons) of his/her inshore fishing vessel on board the Sungsan Port from February 7, 2013 to July 10, 2013, and received KRW 3 million on board the vessel.

However, the defendant did not intend to board the above fishing vessel.

As such, the defendant deceivings the victim, and 3 million won was acquired from the victim under the pretext of advance payment.

Summary of Evidence

"2015 High 672"

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to E or K;

1. Previous convictions as indicated in the judgment: 2015 High Court en banc Decision 673 dated May 1, 201

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made to I by the police;

1. A written statement of I and L;

1. Records of inquiries into crew members of the comprehensive information system for the management of ships' entry and departure;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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