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(영문) 인천지방법원 2018.12.13 2018고단7636
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 20, 2015, the Defendant, at the D office located in Jung-gu, Incheon, Jung-gu, and 1, around 10:00, on July 20, 2015, on the part of the victim E, he/she goes to work from August 17, 2015 to the closure of operation of the fishing vessel F (9.77 tons) on the face of the week.

“False speech was made to the effect that it was “.”

However, in fact, even if the defendant was paid a flag from the injured party, he was thought to use it as a horse gambling fund, and he did not have any intention or ability to work on board the injured party's fishing vessel.

The defendant was transferred 7 million won to the Saemaul Treasury account in the name of the defendant under the name of the victim in advance in the name of the victim.

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

2. On August 16, 2015, the Defendant calls from the above victim at a street race track with the trade name in the offline in Ansan-si, Ansan-si, Annsan-si, and “I have the means to solve the problem on the house” to the victim;

I will make a settlement before you begin to do so;

The money needs to be added, and you will be extremely high at any time to pay 1.2 million won in advance.

The phrase “ makes a false statement.”

However, in fact, even if the defendant was paid a flag from the injured party, he was thought to use it as a horse gambling fund, and he did not have any intention or ability to work on board the injured party's fishing vessel.

The defendant was transferred 1.2 million won to the Saemaul Treasury account in the name of the defendant on the same day under the name of the victim in advance.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Standard labor contract for short-term workers under one year;

1. (Advanced Payment) A certificate of borrowing, a certificate of verification of transfer by Internet banking, and a passbook;

1. Application of the Acts and subordinate statutes requesting inquiries about boarding records of seafarers;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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