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

[2015 fixed-term 116] On November 4, 2012, the Defendant made a false statement to the victim D as a seafarer of E (24 tons) from November 6, 2012, the Defendant paid 400,000 won to the victim who believed the end to be true, and received 4 million won immediately from the victim who believed the end to be true to be a national bank account (F) in his/her name.

However, the defendant deceivings the victim without any ability to repay the money paid in advance by the intention to board as a seafarer of E, and he received 4 million won from the victim as his national bank account in his name and acquired it by fraud.

[2015 High Court Decision 2017] On March 3, 2011, the Defendant stated that the victim I would have been on board the Court at the H located in the vicinity of the G in Boan-si, Boan-si, 10:00, that the victim I would have “it is necessary to attend school expenses for his/her father” and that the advance payment would be three million won.

However, even if the money is received from the victim, it is thought that it will be used as overdue relief, cell phone charges, and the defendant's living cost, and there was no intention to embark on the court operated by the victim.

At around 15:00 the next day, the victim delivered 2 million won to the defendant at a place of work located at the site of a hotel located at the end of the rest of the Gyeongcheon Do-dong Gyeongcheon Bathing Beach.

Accordingly, the defendant deceivings the victim and defrauds the victim of 2 million won.

Summary of Evidence

[2015 High Court Decision 116]

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A copy of the bankbook (D name account);

1. Details of account transfer by victim (4 million won);

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;