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(영문) 창원지방법원 통영지원 2013.11.29 2012고단1008
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 7, 2013, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment with prison labor for the obstruction of performance of official duties by deceptive means at the Changwon District Court on February 7, 2013, and the said judgment was finalized on February 15, 2013.

"2012 Highest 1008"

1. The Defendant did not intend to board even if he received advance payment from the injured party B for fishing to C, which is a fishing vessel operated by the injured party.

Nevertheless, around October 4, 2010, the Defendant: (a) by deceiving the victim by means of: (b) having paid advance payment to the victim; (c) having the victim from March 1, 201 to February 29, 2012; and (d) having received advance payment in the event that he/she would not board the said C seafarers; and (c) deceiving the victim to immediately return it to him/her; (d) then, (e) having the victim receive KRW 2 million on the same day from the victim; (e) KRW 3 million on November 15, 2010; (e) KRW 2 million on December 29, 2010; and (e) obtained KRW 3 million on January 27, 2011 from each of the Defendant’s account in the name of each of the Defendant and acquired KRW 10 million in total.

2. The Defendant did not intend to board the victim even if the Defendant received advance payment from the victim D, for fishing to E in the operation of the victim.

Nevertheless, on March 1, 2011, the Defendant: (a) by telephone from the beginning of the Seocho-si, to the captain F of the above E via a telephone; (b) from March 1, 2011 to February 29, 2012, the Defendant would immediately return advance payment if he/she is unable to board; and (c) would return advance payment received on the part of C to board as described in the foregoing paragraph (1); (d) by first paying money necessary for the return of advance payment; (b) by deceiving the victim by means of first claiming payment for it; and (c) deceiving the victim by deceiving him/her on March 21, 201; and (d) April 6, 2011 to receive KRW 7 million in total from each of the Defendant’s accounts under the name of each of the Defendant.

"2012 Highest 1020"

3. The Defendant did not have the intent or ability to work as the captain even if he received advance payment from the victim G.

Nevertheless, on June 201, the Defendant is at the I Ship Office located in Ha Young-si, Ha Young-si.

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