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A defendant shall be punished by imprisonment for four 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
The defendant is the owner of a fishing vessel C, and the victim D is a person who is engaged in fishery and is known to the defendant.
1. On January 18, 2013, the Defendant made a false statement to the victim by phone call from the Defendant’s home located in Sinpo-si E, stating that “The Defendant would have to make a seafarer to work in C. The Defendant would have to receive KRW 30 million for traffic accident compensation to be paid from Dong-si fire on January 18, 2013.”
However, there was no traffic accident compensation that the Defendant would receive from the same fire on January 2013, and there was no property or income from the Defendant’s name. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money properly.
The Defendant, by deceiving the victim as above, received KRW 25 million from the victim’s account in the name of the Defendant on the same day.
2. On January 23, 2013, the Defendant made a false statement to the victim from the Defendant’s house located in Sinpo-si E, stating that “The amount is needed to request a seafarer to work in C. If the Defendant borrowed money, he/she will pay the money immediately after having received a report on his/her sales.”
However, in fact, the Defendant had to use the money that he sold in C for the repayment of other obligations of the Defendant, and there was no property or income in the name of the Defendant. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to pay the money properly.
The Defendant, by deceiving the victim as above, received KRW 7 million from the victim’s account in the name of the Defendant on the same day.
Accordingly, the defendant deceivings the victim and 32 million won in total from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. - Application of a copy of a remittance statute
1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.