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(영문) 부산지방법원 2019.09.11 2018고단5397
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 1, 2017, the Defendant made a false statement stating that “The Defendant would offer active fish to the victim C” in a restaurant in the name of the Association B in Sacheon-si, B. In November, 2017, the Defendant prepared a fish net necessary to leave the port, and should include a double oil in the name of the down payment.”

However, the Defendant: (a) returned E to D on August 27, 2017 while working as the captain of E owned by D; and (b) subsequently leased G from F; (c) G did not have any intent or ability to provide active terms even if the Defendant was to receive money from the victim as the down payment with a vessel without obtaining permission from F for the miscellaneous use; and (d) G received money from the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 10 million from the victim to the J Association account under the name of H (former title I) in the name of contract deposit, and received a total of KRW 11 million on October 14 of the same year, including KRW 10 million on the same day and KRW 10 million on October 14 of the same year.

2. On September 12, 2017, the Defendant made a false statement with the victim M at L office located in Suwon-gu, Busan, that “the Defendant planned to possess a ship, and the water camera is scheduled to catch. The Defendant supplied miscellaneous water cameras to KRW 10 million as a down payment.”

However, as above, the Defendant returned the above E on August 27, 2017, and the above G did not have the intent or ability to provide water mail, even if the Defendant received the down payment from the victim with a ship without permission for the use of water mail.

As above, the Defendant deceiving the victim and then stated the victim in the facts charged in the amount of KRW 3 million on the same day as the J Association account under the name of H as contract deposit from the victim, KRW 3 million on October 21 of the same year, KRW 2 million on May 11 of the same year, KRW 2 million on November 24 of the same month, and KRW 1 million on the 24th of the same month, and KRW 3 million on the 24th of the same month, but it is obvious that this is a clerical error of KRW 1 million, and thus, the facts charged are stated as KRW 1 million.

The total amount of KRW 10,000 has been transferred five times in total.

Summary of Evidence

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