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(영문) 인천지방법원 2021.03.25 2020고단11325
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 25, 2019, the Defendant was sentenced to eight months of imprisonment for fraud at the Ulsan District Court on July 25, 201, and the above judgment became final and conclusive on October 24, 2020.

[2] The Defendant is a person who was on board the victim G as a seafarer from September 2018 to December 2018, 2018.

On December 26, 2018, the Defendant made a false statement to the effect that “The Defendant would board as a seafarer of H, who is a fishing vessel owned by the victim, from August 2019 to June 30, 2020,” by posting a phone to the victim.

However, in fact, the defendant received the advance payment from the injured party and thought to use it as entertainment expenses or gambling money, so the defendant did not have the intention to board as the above H's crew and did not have any intention or ability to repay the advance payment.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the remittance of KRW 12 million from the victim under the name of the advance payment on December 27, 2018; and (c) obtained a total of KRW 24.5 million from February 17, 2019 to obtain the delivery of KRW 24.5 million in total by the time of February 17, 2019, such as the list of crimes in the attached Form.

On February 1, 2019, the Defendant stated that “The Defendant, at the home of the Victim JJ located in Jeju around February 1, 2019, was to have the victim work on board as a seafarer of K, a fishing vessel owned by the victim from July 5, 2019 to July 30, 2020,” the Defendant stated that “the victim will work on board as a seafarer of K, a fishing vessel owned by the victim from July 5, 2019 to July 30, 202.”

However, even if the defendant received the payment from the injured party, he did not have any intention or ability to work as a seafarer of the above fishing vessel or to pay the payment of the payment.

Nevertheless, the Defendant received 20 million won from the injured party to the L bank account (M) bank account under the name of the Defendant on the same day in advance.

As a result, the defendant was given property by deceiving the victim.

Summary of Evidence

【2020 Highest 11325】

1. Statement by the defendant in court;

1. Statement concerning G:

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