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(영문) 제주지방법원 2014.01.16 2013고단1619
사기
Text

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

At around 20:00 on September 10, 2013, the Defendant, upon introduction of the said C, agreed that the victim F, the owner of the ship, will be on board the said ship from September 20, 2013 to April 20, 2014, the Defendant would be on board the said ship, and the Defendant would receive KRW 15 million from the victim under the pretext of the advance payment.

However, the Defendant, at the time, was responsible for the obligation of approximately KRW 30,000,00,000, such as credit cards, and thus, the Defendant was required to pay the said amount, making such an agreement with the victim, and even if the Defendant received the advance payment from the victim, he did not intend to board the vessel of the victim for the agreed period.

Ultimately, the Defendant, by deceiving the victim as above, received from the victim the total sum of KRW 15 million from the Defendant’s agricultural bank account around September 12, 2013 to the Defendant’s agricultural bank account as advance payment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to any written inquiry about details;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (including the confessions made by the defendant and reflects his depth in depth, and the fact that there is no power to commit the same kind

1. Social service order under Article 62-2 of the Criminal Act;

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