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(영문) 제주지방법원 2018.03.23 2018고단248
사기
Text

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

Reasons

Punishment of the crime

1. The Defendant against the victim C is serving as a seafarer on board D from August 2017 to August 1, 2017, in a warehouse managed by the victim C in the vicinity of the Han forest Eup, Han-si, Jeju, Jeju, in order to October 2016.

“Falsely speaks and prepares a labor contract between the victim and the seafarer.”

However, the Defendant did not have any particular property at the time and was liable for bonds worth KRW 50,000,000,000 and was unable to pay all the money in advance from the E owner, so there was no intention or ability to work as a seafarer even if he received money from the damaged person in advance.

Nevertheless, the Defendant: (a) by deceiving the victim and deceiving the victim as above; (b) transferred KRW 10 million to the bank account in the name of F, designated by the Defendant in October 2016; and (c) KRW 20 million to the Defendant’s wife G Nong Bank account in the name of the Defendant’s wife on November 2016.

Accordingly, the defendant was given property by deceiving the victim.

2. The criminal defendant against the victim H on November 16, 2016, at the victim H’s residence located in Jeju city around November 16, 2016, on the part of the victim, he/she is serving as a seafarer after boarding the court for one year from August 1, 2017 to July 30, 2018.

“A false statement was made and written with the victim and the seafarer labor contract.”

However, in fact, the Defendant had no particular property at the time and had been liable for bonds worth KRW 50 million, and the Defendant prepared a seafarer labor contract with the above C in October 2016 to work as a seafarer on board D from August 2017 to August 1, 2017, and thus there was no intention or ability to work as a seafarer even if he/she received money from the injured party under the pretext of the advance payment.

Nevertheless, the defendant deceivings the victim as above.

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