logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.12.22 2017고단2903
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was on board D of a fishing vessel owned by the victim C from August 15, 2016 to September 10, 2016 as a seafarer.

The Defendant, on September 13, 2016, on the second floor of F2 located in Seopopopo City E, Seopopopoon on September 13, 2016, on the part of the Defendant, on the part of the Defendant, to be a seafarer between September 15, 2016 and September 15, 2016.

“Along 14:00 on the following day, the victim’s home in G prepared a seafarer labor contract with the above contents and delivered it to the victim.

However, in fact, the defendant had no intention to work on the above fishing vessel because he had not been able to work on the fishing vessel of the victim.

Around September 14, 2016, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 14 million to the H H’s account under the name of the former wife of the Defendant for the purpose of advance payment from the victim; and (c) received KRW 20 million in cash from the victim’s house on the same day; and (d) received KRW 6 million in cash from the victim’s house on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the seafarer labor contract, cash storage certificate, and copy of passbook Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The basic area (from June to June 1) of types 1 (less than KRW 100 million) shall be the scope of the recommended punishment according to the sentencing criteria; and

2. The amount of damage to the sentence has not been increased to KRW 20 million and the damage has not been restored.

However, the defendant will recover the damage in the future as he is against his will.

In addition, there is no history that the defendant has been punished for the same crime or criminal punishment heavier than the fine.

The sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined as ordered by considering all the circumstances.

arrow