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(영문) 제주지방법원 2020.03.19 2019고정419
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who lives as a seafarer.

On August 3, 2017, the Defendant made a false statement to the effect that “The Defendant will board as a seafarer B from August 5, 2017 to April 2018, 2018, at the residence of the victim C of the coastal fishing net B of Jeju Han-si, Jeju-si, Jeju-si, Jeju-si, Jeju-do, 782.”

However, even if the defendant received advance payment from the victim, the defendant did not intend to board the victim's fishing vessel.

As above, the Defendant, by deceiving the victim as above, received one million won from the victim to the Suhyup Account (D) in the name of the Defendant under the pretext of advance payment.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to seafarer labor contracts, copies of bankbooks for fisheries cooperatives, reports on internal investigation (including the receipt of reports on damage, etc.), inquiries into passengers on board, and detailed information on entry

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

1. Articles 70 (1) 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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