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(영문) 광주지방법원 목포지원 2015.05.01 2014고단926
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2014 Highest 926"

1. On December 15, 2010, the criminal defendant against the victim C made a false statement to the victim C’s house located in Jeju Island, stating, “The victim is on board the fishing boat E operated by the Party, on the face of the payment of the advance payment, and will work as a seafarer from July 1, 201 to July 1, 2012.”

However, the defendant did not have an intention or ability to board a fishing vessel operated by the victim by receiving prepaid money from the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 30 million from December 15, 201 to June 1, 201, in total 14 times from the victim to the account under the name of the Defendant, under the pretext of advance payment from the victim.

"2014 Highest 1915"

2. Fraud against victim F;

A. On February 12, 2014, the Defendant made a false statement to the victim F that “I will work as I’s seafarer from February 21, 2014 to January 10, 2015,” which read that “I will work as I’s seafarer from February 21, 2014 to January 21, 2015.”

However, even if the defendant receives advance payment from the victim, he did not have the intention or ability to work as a seafarer after boarding the victim I operated by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim under the same day as the prepaid payment, and received KRW 4 million under the same name around February 13, 2014.

B. On February 19, 2014, the injured party stated that the injured party’s Defendant made a contract to work on the part of the injured party F as a seafarer at the K Sari or nearby in an incompetuous drinking house located in the JJ, and that the injured party’s 200,000 won “the injured party” did not go against the injured party.

However, the defendant is guilty.

There was no intention or ability to work as a seafarer on board a fishing vessel operated by the victim as stated in the port.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 200,000 from the victim.

Summary of Evidence

"2014 Highest 926"

1. The defendant's oral statement;

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