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(영문) 광주지방법원 목포지원 2014.06.13 2014고정258
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Judgment of the court below]

1. The defendant is a person who goes on board various fishing vessels without a fixed residence and lives of seafarers;

On August 23, 2011, the Defendant: (a) concluded a labor contract with the victim from August 24, 2011 to December 31, 201 of the same year, that the victim would take aboard as a seafarer of the ship D (9.77 tons) where the victim was in his/her operation at the B Job Placement Office located in the Si of Shpopopo-si; and (b) drafted a written employment contract with the victim from August 24, 201 to December 31, 201; and (c) received 1.1 million won in cash from the victim as a prepaid

However, the defendant did not intend to board as a seafarer of D.

As such, the Defendant, by deceiving the victim, obtained 1.1 million won advance payment from the victim, and acquired it by fraud.

[Judgment of the court below]

2. The Defendant is a person who leaves without a fixed residence and goes on board as a seafarer.

Around 12:30 on February 16, 2012, the Defendant, at the victim F's home located in Sinpopo City E, obtained 6.8 million won from the victim to the victim's crew, and acquired 6.8 million won from the victim by deceiving the victim to take aboard the ship in Sinpo Coast G (9.7 to December 30 of the same year, even though the victim had no intention or ability to get on board the ship as the crew, on the face of the victim from February 21, 2012 to December 30 of the same year, even though he had no intention or capacity to get on board the ship as the crew.

Summary of Evidence

[Fact of Paragraph (1) at the market] (Article 2013-type 15501)

1. Defendant's legal statement;

1. Statement to C by the police;

1. Labor contract [the fact under paragraph (2) at the time of printing] (Article 2013-type 15421 at the Manpo District Prosecutors' Office);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of employment contracts, cash tea Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of penalties for the crimes. Article 347 (1) of the Criminal Act provides for fines as they are, in consideration of the fact that the selection of fines, criminal records of the accused, and victims' damage

1. The Criminal Act among concurrent crimes.

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