Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Although the Defendant did not think of boarding a fishing vessel, the Defendant knew prior to the towing;
Using the B's name, concluding a boarding contract with the owner of the ship, preparing documents such as the borrowing certificate in the name of B, and receiving the payment from the owner of the ship and receiving the payment from the owner of the ship.
1. Around July 14, 2009, the Defendant promised to board a fishing vessel D with the owner E to receive KRW 4,200,000 from the owner of the vessel under the name of the vessel’s non-payment, at the D’s accommodation located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon. In preparing a certificate of borrowing with E, the Defendant stated his name in the certificate of borrowing as “B” and signed and sealed by his name.
Accordingly, for the purpose of uttering, the Defendant forged a copy of the loan certificate in the name of private document B, which is a private document on rights and obligations.
2. The Defendant, at the time and place under Paragraph 1, issued a forged loan certificate to E, who is aware of the forgery, as if it were a document duly formed.
3. The Defendant, at the time and place under paragraph 1, will be on board the victim E, the owner of a fishing vessel D, as a seafarer on August 15, 2009 to December 30, 2009.
The term “prepaid 4.2 million won in advance” means “prepaid 4.2 million won in advance,” and prepared a certificate of borrowing that includes a promise to board until December 2009, and issued the certificate to the injured party by forging B’s certificate of borrowing.
However, in fact, the defendant committed as if he were B, and thought that he would belong to the victim and be used for the purpose of living expenses by receiving the money from the ship, but he did not have the intention or ability to work by boarding the ship D as a seafarer.
The defendant received 4 million won from E as a prepaid gold on the same day, and received 200,000 won around July 26, 2009 as a prepaid gold and acquired 4.2 million won in total.
Summary of Evidence
1. A protocol concerning the examination of partially the police officers of the accused;
1. A copy of the transfer records of the case (the first complainant B's suspension of prosecution).