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(영문) 인천지방법원 2015.11.03 2015고정2964
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 24, 2010, the Defendant was sentenced to four months of imprisonment by the Incheon District Court for a crime of violation of the Road Traffic Act, etc., and the judgment became final and conclusive on March 30, 2011.

Defendant,

1. Around 13:00 on December 1, 2008, no intention was made to board the B building 501 to the crew of the coastwise C(7.93 tons) fishing vessel in Nam-gu Incheon Metropolitan City (7.93 tons). A labor contract is prepared as if he/she will board the said fishing vessel from December 1, 2008 to December 31, 2009, and a victim D (45 years of age) who is the owner of the said fishing vessel by deceiving the victim D(45 years of age) who is the owner of the said fishing vessel.

2. On October 6, 2009, at around 12:30, the Nam-gu Incheon Metropolitan E apartment building 403, there was no intent to board as a seafarer of the cost of loading coastal fishing vessel F (7.93 tons) in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and acquired the victim G (57 years old) who is the owner of the above fishing vessel by deceiving the victim G (57 years old) who is the owner of the above fishing vessel by preparing a loan certificate as if he/she will board the above fishing vessel from October 9, 200 to December 31, 200 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. A copy of a loan certificate and a seafarer labor contract;

1. Previous convictions: Case search and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include several criminal records against the defendant, the sentence shall be determined in consideration of the fact that an agreement has been made with the victims, equity in sentencing with the case where the judgment has been rendered together with the case where the judgment became final and conclusive. It is so decided as per Disposition for the above reasons.

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