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(영문) 광주지방법원 목포지원 2016.04.08 2014고단2126
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From September 10, 2010 to September 21, 2010, the Defendant boarded the victim C’s seafarer from around September 1, 2010 to around September 21, 201, and received KRW 2 million from the victim.

On September 21, 2010, the Defendant made a false statement to the effect that “The Defendant will work aboard the Felel located in Sinpo City E with the victim as a regular seafarer from September 24, 2010 to April 201, 201.”

However, even if the defendant received the advance payment from the injured party, he did not intend to get the injured party on board as a seafarer of the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) received cash KRW 6 million from the damaged person on the spot to be the first in advance; and (c) obtained 500,000 won from the damaged person in early October 2010, from G in Sinpoly E to receive KRW 500,000 from the damaged person under the name of the first in advance; and (d) acquired 6.5 million in total from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. C Application of the police statement protocol law

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act recognize and reflects the facts charged in this case, and there is no record of punishment for the same kind of crime, and determine the punishment as ordered by comprehensively taking into account all the factors of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, environment, sex, motive and means of the crime, and circumstances after the crime.

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