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(영문) 인천지방법원 2018.08.16 2018고단3611
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant of "2018 Highest 3611" was a person who lives as a seafarer of a fishing vessel at the coast of Incheon, etc., such as Incheon, and was willing to receive boarding money without think of boarding.

On November 13, 2017, the Defendant agreed to receive KRW 3 million from the office of the victim E in the second floor of “D” located in the Jung-gu Incheon, Jung-gu, Incheon, to receive KRW 2 million from the victim E, and entered into an employment contract with the victim E, under the condition that he/she goes on board as the victim E’s crew.

However, even if they receive the gold, there was no intention to embark on the ship.

As such, the Defendant, by deceiving the victim E, received KRW 3 million from the account designated by the Defendant for the purpose of arranging the same day from the day thereafter, and acquired the victim by receiving KRW 28.5 million from around that time to February 13, 2018 on seven occasions, as shown in the annexed crime sight table, from around that time to around February 13, 2018.

On September 27, 2017, the Defendant concluded a contract with the victim and the seafarer employment with the victim H by stating that “The victim H will be on board the ship as a seafarer at Myeonk-si, Myeonk-si, 102 and 501, from September 27, 2017.”

However, the fact does not have the intention or ability to board the ship even if the ship is paid with a fluence.

On September 28, 2017, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 10 million to the account (K) in the name of J HH Bank under the name of J; and (c) KRW 13 million to the account (L) in the name of the Defendant’s post office under the name of the Defendant; and (b) received the total amount of KRW 13 million from the victim.

Summary of Evidence

"2018 Highest 3611"

1. Statement by the defendant in court;

1. Police statements made against M, N, orO;

1. Copies of police statements made to E and P;

1. Boarding contracts and gold deeds for excursion ships, seafarer labor contracts and certificates of down payment, boarding contracts, and gold deeds, etc.;

1. A copy of a passbook (E), details of each account transaction (M, P, N), verification of account transaction details (O), and a copy of a passbook ( Q) “2018 Highest 4826”);

1. Statement by the defendant in court;

1. H. H.

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