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(영문) 인천지방법원 2016.10.21 2016고단3880
사기
Text

A person shall be punished by imprisonment with prison labor for 8 months with prison labor for the crime No. 2 of the judgment of the defendant as to the crime No. 1.

Reasons

Punishment of the crime

On May 8, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court, and completed the enforcement of the sentence at the Incheon Detention House on August 16, 2014. The judgment became final and conclusive on October 22, 2014.

1. 2016 highest380;

A. Around January 16, 2015, the criminal defendant against the victim C made a false statement to the victim C, who is the owner of D, that “I will board as a seafarer from March 11, 2015 to the time of scraping with the advance payment,” to the victim C, who is the owner of D, with the advance payment.

However, even if the defendant receives money from the victim as a prepaid, he did not have the intention or ability to work as a seafarer after boarding D.

On the same day, the Defendant, such as deceiving the victim and remitting KRW 5 million to the Agricultural Cooperative (E) account in the name of the Defendant, from March 9, 2015 to March 9, 2015, acquired a total of KRW 6.5 million from the victim on six occasions, as shown in attached Table 1.

B. On July 23, 2015, the Defendant against the victim F and the victim G made a false statement to the victim F in the residence of the victim F located in Nam-gu Incheon Metropolitan City, and to the victim F and the victim G, the captain of I, “I, from July 23, 2015 to January 30, 2016, the Defendant will board as a seafarer from July 23, 2015 to January 30, 2016.”

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

As such, from August 24, 2015 to August 24, 2015, the Defendant, by deceiving victims, received KRW 1,30,00,00 from the victims as a prepaid deposit account in the name of the Defendant’s cohabiting female (K) on the same day, by deceiving the victims of the total sum of KRW 1,1,30,000 from the victims four times, as shown in the attached

2. The Defendant, around August 12, 2011, around August 12, 2011, is a seafarer from around August 13, 2011 to around January 10, 2012, to the victimO, N, the owner of N, in advance, at the mar hotel coffee shop located in Nam-gu Incheon Metropolitan City.

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