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(영문) 광주지방법원 목포지원 2016.03.24 2015고단1284
사기
Text

A person shall be punished by imprisonment with prison labor for not less than ten months and by imprisonment for not more than two months with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to the suspension of the execution of imprisonment for four months as a crime of fraud in the Gwangju District Court Branch Branch on July 25, 2014, and the judgment became final and conclusive on August 2, 2014, and the suspension of execution was revoked on January 28, 2016, and is currently under execution of the said sentence (which became final and conclusive on February 2, 2016).

"2015 Highest 1284"

1. On December 23, 2014, the Defendant made a false statement to the victim C, who is the owner of E in F, in F, at F’s in F, at F, around 19:00 on December 23, 2014, the Defendant made a false statement to the victim C, stating that “The Defendant would give a maximum of KRW 3.5 million in advance to F, once a week, as a seafarer of F.”

However, the fact that the defendant only thought that he would receive the advance payment from the injured party to pay his personal debt, etc., and did not have the intention or ability to work on board F.

As above, the Defendant: (a) deceptiond the victim and received cash KRW 3.5 million from the victim on the same day; (b) around December 24, 2014; (c) KRW 500,000,000 around December 27, 2012; and (d) KRW 2 million around January 7, 2015 in the same manner;

1. Around 15. Around 12.0 million won, a total of KRW 20 million was remitted to the Defendant’s account and acquired by deception.

"2015 Highest 1564"

2. Fraud against victim G;

A. On July 6, 2013, the Defendant, at his own house located in H apartment 301, 1107, Dong 301, and the Defendant, at I’s own house, made a false statement to the victim G, the owner of the I’s vessel, stating that “The Defendant will board I, from August 5, 2013 to March 31, 2014, KRW 5 million in advance and KRW 1.5 million in daily life.”

However, even if the defendant received the advance payment from the injured party, he did not have the intention or ability to board I.

As above, the defendant deceivings the victim as above and obtained 5 million won from the victim, namely, by delivering 5 million won to the victim as a predeption.

B. On July 16, 2013, the Defendant, at the victim’s house located in the Mapo-siJ on July 16, 2013, asked the victim to get on board I for a traffic accident in the form of “I would like to ask the victim for money when the traffic accident occurred.”

A false statement was made that “The daily cost to be received at the time of boarding would be KRW 2 million.”

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