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(영문) 수원지방법원 2013.03.28 2013고정558
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On June 12, 2012, the Defendant appealed after having been sentenced to imprisonment with prison labor for one year in the Suwon District Court’s Ansan Branch 2012Kadan936 Decided June 12, 2012, and was sentenced to dismissal of appeal in the Suwon District Court 2012No2607, August 23, 2012;

1. On March 27, 2012, around 10:0, 100, the Plaintiff provided that, despite having no intention or ability to board a fishing vessel’s crew member as a crew member even if he/she received a prepaid payment from a multilateral bank on the second floor of the Simsan-si bus bus terminal 614-2, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, the victim B provided that, “I will board a fishing vessel as a crew member of the vessel from April 3, 2012 to November 30, 2012,” and that: (a) around 12:40 on the same day from the flood bank located in the Simsan-si, Masan-si, Masan-si to receive two cash checks and one million won;

2. On April 2, 2012, around 15:00, when receiving transportation expenses from an unclaimed area, the victim made phone calls to the victim, stating, “Notwithstanding the absence of the intention or ability to board the vessel’s crew, 30,000 won shall be deposited in the bank because it does not have any traffic expenses to the opening of the bank,” and then, the victim received KRW 30,000 from the victim to the passbook in the name of the defendant designated by the defendant, thereby deceiving the victim two times, thereby deceiving the victim more than KRW 3,30,00.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning B;

1. A copy of an employment contract, a copy of receipt, and a complaint;

1. Previous records: Criminal records, previous records, results of confirmation of dispositions and dispositions, and application of investigation reports (in case of investigation of a suspect's detention house, report of confirmation and attachment of judgment) and statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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