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(영문) 제주지방법원 2017.08.23 2017고단1715
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2017 Highest 1715"

1. On December 17, 2015, the criminal defendant against the victim C is to pay the remaining amount by offsetting the wages with D who was on board the victim from July 1, 2016 to July 15, 2017.

“A false representation was made.”

However, the fact is that even if the injured party receives money from the injured party, the injured party did not have the intent or ability to work as a seafarer on board the ship. The debt amount to be repaid to the owner of another fishing vessel at the time is about KRW 30 million, and is expected to be consumed by means of living expenses, purchase of vehicles, etc., and even if it is not possible to return it, there was no intention or ability to return it.

As above, the Defendant: (a) by deceiving the victim as above; and (b) received from the victim, the sum of KRW 3 million on the same day under the pretext of advance payment from the victim; (c) KRW 50 million on February 2, 2016; (d) KRW 12 million on June 7, 2016; and (e) KRW 52 million on June 32, 2000 on the part of the victim; and (e) received a delivery of the sum of KRW 52 million on the account of KB bank in the name of the Defendant.

2. On February 10, 2016, the Defendant against the victim E would pay the remainder by offsetting the amount of the unpaid amount that he/she received from the victim E on board the F from August 1, 2016 to June 30, 2017, which he/she received from the victim’s owner from August 1, 2016 to June 30, 2017.

“A false representation was made.”

However, the fact is that even if the injured party receives money from the injured party, the injured party did not have the intent or ability to work as a seafarer on board the ship. The debt amount to be repaid to the owner of another fishing vessel at the time is about KRW 30 million, and is expected to be consumed by means of living expenses, purchase of vehicles, etc., and even if it is not possible to return it, there was no intention or ability to return it.

The defendant deceivings the victim as above.

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